TaxTMI 
TaxTMI 
2022 (4) TMI 1158
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....ged default on the part of the Corporate Debtor having an outstanding balance of Rs. 22,66,872/- on account of supply of bags of Cement to the corporate debtor. 2. The details of transactions leading to the filing of this petition as averred by the applicant are as follows:- a. The corporate debtor issued multiple Purchase Orders for supply of specified quantity of Wonder Cement bags-OPC 43 Grade and applicant supplied the required cement bags to the corporate debtor. The applicant issued invoices from 17.05.2018 to 15.12.2018. It is claimed in the application that there is no dispute regarding quantity or quality of goods. The Invoices have been duly endorsed by the corporate Debtor and part payments were also made by corporate....
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....plication' is ordinarily understood and covered by the general word 'Suit. Reliance has been placed on judgment passed by Hon'ble Supreme Court in Patel Roadways Limited vs Birla Yamaha Limited passed on 28 March, 2000. 4. We have heard the arguments and thoroughly perused the case records. The corporate debtor has raised objection the applicant being an unregistered partnership firm is not entitled to file present application in terms of Section 69 of the Indian Partnership Act, 1932. Section 69 has been reproduced below: "69. Effect of non-registration.- (1) No suit to enforce a right arising from a contract or conferred by this Act shall be instituted in any court by or on behalf of any person suing as a ....
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.... in value which, in the Presidency-towns, is not of a kind specified in section 19 of the Presidency Small Cause Courts Act, 1882 (5 of 1882), or, outside the Presidency-towns, is not of a kind specified in the Second Schedule to the Provincial Small Cause Courts Act, 1887 (9 of 1887), or to any proceeding in execution or other proceeding incidental to or arising from any such suit or claim. State Amendments." 5. From the bare perusal of the above said Section 69 of Indian Partnership Act, it is apparent that the effect of non-registration of the firm would adversely effect to the suit and not to the applications alike that of under Section 9 of the Code. The application under Section 9 of the Code does not come under the purview of the ....
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....re before National Consumer Disputes Redressal Commission. The matter before NCDRC is being decided on the basis of evidence on the record and parties are being given opportunity to lead the matter, therefore, the proceedings before NCDRC are being permitted to be contested like that of a Civil Suit, whereas, the proceedings before the NCLT are summary in nature and it is not permissible for Adjudicating Authority to look-into any question on merits. Hence, the above said citation is not helpful to the respondent and to act as Civil Courts. Accordingly, it is held that applicant being un-registered firm can maintain the application under Section 9 of the Code against the respondent-Corporate Debtor. Moreover, in the matter of B.K. Education....