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Showing contexts for: nonexistent entity in Varkisons Engineers vs Kinetic Foundations (P) Ltd. on 26 November, 2004Matching Fragments
8. In Ext.A5 it is stated that the appellant firm is the proprietary concern "Slabs and Aggregates", though "Slabs and Aggregates" have maintaining separate books of accounts of business of their own. Ext.A7 cheque issued by the 1st respondent in the name of "Slabs and Aggregates" is also taken as a ground for the proprietorship of the appellant firm. Exts. A10 arid All are the documents which would show that the appellant firm had got registration from 1966 onwards and it was in existence. The mere fact that the change brought in the constitution of Ext. A11 partnership deed has not brought into the records of the Registrar of Firms cannot be taken as a ground to conclude the nonexistence of the legal entity of the appellant firm. The stand taken by the respondents that they had no transaction with the appellant firm is also not correct as it is stated in Ext.A5 notice that Slabs and Aggregates is a proprietary concern of the appellant firm. It is also to be noted that during the pendency of the appeal the appellant had taken efforts to make the appellant firm alive. Annexure-A14 letter sent to the Inspector General of Registration of Kerala would clearly indicate that even prior to the filing of the suit the appellant firm took all precautionary steps to make the firm alive or to bring the changes effected in the partnership firm. It is also to be noted that as per Annexure-A15 judgment, on getting the reference relating the application of the firm for making changes for the partnership deed, this Court directed the Registrar of Firms to make immediate steps to incorporate the change effected in the partnership firm as per the application dated 6.10.1999.