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M/S TRIVENU ELECTRICAL WORKS AND ANOTHER versus ADDITIONAL DISTRICT JUDGE CT.NO.1 AND OTHERS

High Court of Judicature at Allahabad

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M/S Trivenu Electrical Works And Another v. Additional District Judge Ct.No.1 And Others - WRIT - A No. - 49652 of 2007 [2007] RD-AH 16439 (8 October 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE AT ALLAHABAD

Hon'ble S.U. Khan, J.

It appears that there is a decree against several partners. Petitioner is one of the partners. Decree-holder proceeded to recover the amount from the petitioner. Petitioner filed objections in Execution Case No.01 of 2002, Sri Ram Vs. Triveni Electrical Work and others. A.D.J., Court No.1, Allahabaed through impugned order dated 10.04.2007 rejected the objections. Thereafter, on 20.09.2007, the court below observed that steps had been taken by decree holder and office was directed to issue attachment order immediately and Amin was directed to submit his report before the date fixed and it was directed that the case must be put up on 17.11.2007. Said order has also been challenged.

Learned counsel for the petitioner has also argued that Annexure-13 to the writ petition is an application filed by the petitioner on 02.03.2007 (or 07.03.2007) stating therein that petitioner was ready to deposit his share of the decreetal amount.

I do not see any illegality in the impugned order. Each partner of a firm is jointly as well as individually liable to pay the dues of the firm. Decree holder cannot be directed to proceed against all the partners in proportion to their liability. However, if a partner has paid more than his liability, then he may recover the same from other partners. Accordingly, there is no merit in the writ petition, hence it is dismissed.

It is needless to add that in case entire decreetal amount is paid, then the attachment of property, if any, shall stand automatically lifted/ released.

Date:08.10.2007

NLY/49652/07


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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