1 sj221-08.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Summons for Judgment No. 221 of 2008 . in Summary Suit No. 20 of 2008 Ganpati On Board Courier Company .. Plaintiffs v/s. Patel Integrated Logistics Ltd. ..Defendants Mr.Zal Andhyarunjinha and S. Mehta with B. D’Souza i/b. Malvi Ranchoddas & Co. for the Plaintiffs. Mr.D.D.Madon i/b. Ms. Shilpa Kapil for the Defendants CORAM : R.Y.GANOO, J. DATED : 15th November , 2010 P.C. : 1. Heard learned Counsel on both sides. According to the plaintiffs, the letter of Intent dated 6.1.2008 at Exhibit A was signed by one Mr. V. Raghunathan with M/s. Patel On-Board Couriers Ltd, who are now called as Patel Integrated Logistics Ltd., i.e. the present defendants. According to the plaintiffs, Partnership Deed dated 9.1.2003 came to be executed so as to bring on record Ganpati On-Board Courier Company, a partnership firm with effect from 1.1.2003 and according to the plaintiffs said Mr. V. Raghunathan was partner of the 2 sj221-08.sxw present plaintiff at the relevant time. In the document dated 6.1.2003 which is the foundation of the present suit, there is nothing to show that the said document was signed by said V. Raghunathan in his capacity as partner of the firm M/s.Ganpati On-Board Courier Company Ltd., which according to the plaintiffs had commenced the businessfrom 1.1.2003 though no formal documentation was made on 9.1.2003. Specific reliance is placed on Annexure 3 to the letter of Intent dated 6.1.2003. This Annexure 3 is the product as of 2.2.2003 and it is purported to have been signed by Mr. V. Raghunathan. There is nothing to show that said V. Raghunathan signed said document for and on behalf of the plaintiff firm. 2. After having considered the entire record, it is clear that the present plaintiffs have no locus standi to institute the present suit in its capacity as firm. This itself, in my view is the basic point on which the defendants should get unconditional leave to defend. Hence the order. ORDER i) Unconditional leave is granted to the defendants. Defendants to file written statement directly in the office on or before 19.1.2011, 3 sj221-08.sxw serve copy of the same upon the Advocate for the plaintiffs within 10 days from filing of the written statement in the office. ii) Summons for judgment is disposed of. There shall be no order as to costs. Iii) Suit to come up in usual course. [R.Y.GANOO, J.]