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2012 (11) TMI 572 - BOMBAY HIGH COURTSuit filled by non registered Partnership firm - whether suit barred u/s 69 of Indian Partnership Act, 1932 - Whether partnership fir is in existence or not - petitioner claimed that a partnership agreement was entered into between the petitioner and respondents - respondents denied the existence of partnership firm / agreement - land development agreement - Held that:- Considering the Deed of Partnership dated 11th August, 1986 as annexed by Plaintiffs it shows that Defendant No.1 has only 9 per cent share in the profits/losses of the Partnership Firm. The suit property is purchased by the Partnership Firm-Laxmi Developers under an agreement for sale dated 31st August, 1986. The Agreement for Sale is signed by the Plaintiff No.4 on behalf of the Firm. Titles of the said M/s. Laxmi Developers in respect of the captioned property are clear and marketable and free from reasonable doubts and encumbrances” Apart from the fact that Plaintiff Nos. 2 and 3 have submitted that their signatures are neither fabricated nor forged, an independent professional i.e. the Chartered Accountant of the Partnership Firm has certified that all the Plaintiffs as well as Defendant Nos. 1, 2 and 3 had signed the Partnership Deed in his presence. Plaintiffs have made out a prima facie case for grant of interim relief in their favour - against the Defendants.
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