(Per : HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA) According to the petitioner - appellants, the suit is barred under Section 69 of the Partnership Act, 1932. For the said reason, the appellants, who are the defendants, filed a petition under Order VII, Rule 11(d) of the CPC, but the same was dismissed, against which the writ petition was preferred. Interim stay granted earlier having vacated, now the Court will proceed with the suit, which is otherwise barred by law.
Let notice be issued on respondents. Direct notice is permitted.
The appeal may be disposed of at the stage of admission. Post the matter on 2nd July, 2010 in the first board.
Until further orders, the operation of the order dated 16.4.2010 passed by the learned Single Judge in SCA No. 14683 of 2008 shall remain stayed.
MUKHOPADHAYA, CJ.] [AKIL KURESHI, J.] sundar/-