1 sj188-08 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO.188 OF 2008 IN SUMMARY SUIT NO.927 OF 2008 M/s.Supreme Steel Impex ....Plaintiff V/s. M/s.Yagnum Pulveriser Pvt. Ltd. ....Defendant Mr.Sailesh Thakkar i/b M/s.Sailesh Thakkar & Co. for the Plaintiff. Mr.M.A. Dharmaraj for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 22ND FEBRUARY, 2011. P.C. :- 1. There is no defence on the merits of the case. There is no affidavit in reply. When the summons for judgment was heard, a defence was taken across the bar that the plaintiff is an unregistered partnership firm and that therefore the suit is liable to be dismissed in view of section 69 of the Partnership Act. 2. Paragraph 1 of the plaint states that the firm is duly registered. This statement was obviously made under a bona-fide misapprehension of the legal position under section 69 of the said Act, as the application for registration was made prior to the suit being filed. However, the firm was registered only after the suit was filed. The subsequent registration however, does not cure the defect. Considering the facts and circumstances of the case, it is true that the error was bona-fide. However, 2 sj188-08 in view of the judgment of the Supreme Court and of this Court, although the application for registration was made before the suit was filed, prima- facie at least, the suit is not maintainable, as the registration was granted only after the suit was filed. 3. On this ground alone, unconditional leave is granted to the defendant to defend the suit. 4. The suit is transferred to the list of commercial causes. 5. The defendant to file its written statement within four weeks from today. Discovery and Inspection to be completed within six weeks thereafter. 6. The summons for judgment stands disposed of accordingly. However, this order shall not preclude the plaintiff from adopting appropriate proceedings for curing the defect.