1984 (3) TMI 439

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.... Companies Act, 1956. An application under Sections 58 of the Indian Partnership Act, 1932, in the proper form signed by all the partners was presented to the respondent, the Registrar of Firms, for the purpose of registration of the partnership under Sections 59 of the Partnership Act. Exhibit P-4 is a photostat copy of the application in Form No. I submitted to the respondent. The requisite fee for registration was also paid. The application was returned as per exhibit P-5 memo for the reason stated therein that "A firm cannot be recognised as partner". The application was re-presented with exhibit P-6, letter of the auditors of the firm, stating that the Wynad Plantations P. Ltd., one of the partners of the firm, M/s. Pulimood ....

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....hibit P-ll dated February 27, 1984, is a reminder after the re-presentation of the application along with exhibit P-10. The application is still pending before the respondent and the firm is not yet registered under Sections 59 of the Indian Partnership Act. This original petition is to quash exhibit P-8 memo and the endorsement on exhibit P-9 as per which the respondent has taken the view that a company cannot be a partner of a firm. 2. Section 4 of the Indian Partnership Act referred to in the endorsement on exhibit P-9 defines the expressions " partnership ", " partner ", " firm ", and " firm name ". There is nothing in Sections 4 that precludes a company from becoming a partner of a firm. "P....