M/S.Jayam Enterprises vs M/S. Pa Sea Impex
2023 Latest Caselaw 13368 Mad

                                                                     Appeal (CAD) No.16 of 2023



                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED:      29.09.2023

                                                        CORAM :

                           THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
                                                         AND
                                    THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU


                                            Appeal (CAD) No.16 of 2023

                     M/s.Jayam Enterprises,
                     rep. by its one of the Proprietors Rajeswari Jayakar,
                     21/8, Dr.Radhakrishnan Nagar,
                     Old Washermenpet,
                     Chennai-600 021.                                             .. Appellant

                                                          Vs

                     M/s. PA Sea Impex,
                     rep. by its Proprietor Parthiban,
                     No.232 (Old No.205) 3rd Floor,
                     Lingi Chetty Street, Parrys,
                     Chennai-600 001.                                        .. Respondent

                     Prayer: Appeal under Section 13 of the Commercial Courts Act read
                     with Section 96 of the Civil Procedure Core, 1908 against the order
                     dated 26.9.2022 made in I.A.No.1 of 2022 in C.O.S.No.576 of 2022 in
                     O.S.No.7152 of 2021 on the file of the Commercial Court, Chennai.


                                   For the Appellant       : Mr.G.Shiji Mathew

                                   For the Respondent      : Mr.P.V.Sanjeev



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https://www.mhc.tn.gov.in/judis
                                                                           Appeal (CAD) No.16 of 2023



                                                         JUDGMENT

(Delivered by the Hon'ble Chief Justice)

We have heard Mr.G.Shiji Mathew, learned counsel for the

appellant and Mr.P.V.Sanjeev, learned counsel for the respondent.

2. The present appellant is the original plaintiff. The appellant

had filed the suit for recovery of the amount against the

respondent/defendant. The plaint is rejected, as it is barred by

Section 69(2) of the Indian Partnership Act, 1932.

3. Learned counsel for the appellant submits that the

defendant accepted that there is no privity of contract. This aspect

ought to have been considered by the Court.

4. Learned counsel for the appellant does not dispute that the

plaintiff is a partnership firm. The said partnership firm is

unregistered. The plaint is filed for recovery of the amount on

account of the goods supplied.

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https://www.mhc.tn.gov.in/judis Appeal (CAD) No.16 of 2023

5. The bar of Section 69(2) of the Indian Partnership Act,

1932, as such, is attracted. The trial court while dismissing the suit

has properly considered the said aspect as the suit is barred by

Section 69(2) of the Indian Partnership Act, 1932.

6. In the light of the above, the appeal is dismissed. The

rejection of plaint would not come in the way of the appellant to

avail the remedy as may be permissible under law. There will be no

order as to costs.

                                                        (S.V.G., CJ.)                 (P.D.A., J.)
                                                                        29.09.2023
                     Index            :           Yes/No
                     Neutral Citation :           Yes/No
                     bbr


                     To:

                     The Sub Assistant Registrar
                     Commercial Cases
                     High Court, Madras.




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https://www.mhc.tn.gov.in/judis Appeal (CAD) No.16 of 2023

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.

bbr

Appeal (CAD) No.16 of 2023

29.09.2023

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https://www.mhc.tn.gov.in/judis