TMI Blog1977 (7) TMI 104X X X X Extracts X X X X X X X X Extracts X X X X ..... he Senior Civil Judge, Nagpur, for dissolution of the partnership and accounts. The reliefs asked for included a declaration that the firm stood dissolved on and from January 9, 1974. It appears that thereafter the original defendants who are the respondents before us were transposed as plaintiffs and the appellants who were originally the plaintiffs were transferred to the category of defendants. The transposed defendants raised an objection that the court had no jurisdiction to entertain the suit in view of the provisions of Part X of the Companies Act, 1956. The trial court rejected the application. The defendants then moved the Bombay High Court, Nagpur Bench, in revision. The High Court having dismissed the revision petition the pres ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the partnership in question had more than seven members at the time when the suit was instituted. This was, therefore, an "unregistered company" as defined in section 582( b ). Section 583(1) states that "subject to the provisions of this Part, any unregistered company may be wound up under this Act, and all the provisions of this Act with respect to winding up shall apply to an unregistered company, with the exceptions and additions mentioned in sub-sections (2) to (5)". It is not necessary to refer in any great detail to these sub-sections except to point out that subsection (4) mentions the circumstances in which an unregistered company may be wound up, and one of the circumstances is that the company has been dissolved. It may also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... construction of enactments conferring power to wind up partnership, association or company in certain cases. Nothing in this Part shall affect the operation of any enactment which provides for any partnership, association or company being wound up, or being wound up as a company or as an unregistered company, under the Indian Companies Act, 1913, or any Act repealed by that Act: Provided that references in any such enactment to any provision contained in the Indian Companies Act, 1913, or in any Act repealed by that Act shall be read as references to the corresponding provision, if any, contained in this Act". As the marginal note to this section indicates, this is a saving provision. It leaves unaffected the operation of any enactment ..... X X X X Extracts X X X X X X X X Extracts X X X X
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