Even if one of the partners or more than one partner is the Corporate Debtor as the amount is due from the partnership firm, the application under Section 9 of the Code against one of the partners of such partnership firm will not be maintainable – Gammon India Ltd. Vs. Neelkanth Mansions & Infrastructure Pvt. Ltd. – NCLAT
It is not in dispute that the amount due to the Appellant is from ‘M/s. Gammon Neelkanth Realty Corporation’. The bill was raised against the said partnership firm namely— ‘M/s. Gammon Neelkanth Realty Corporation’. ‘M/s. Neelkanth Realtors Pvt. Ltd.’, ‘Gammon Housing and Estates Developers Ltd.’ and ‘Neelkanth Mansions and Infrastructure Pvt. Ltd.’ are the partners, therefore, even if one of the partners or more than one partner is the ‘Corporate Debtor’ as the amount is due from the partnership firm, the application under Section 9 of the ‘I&B Code’ against one of the partners of such partnership firm will not be maintainable.
In view of the aforesaid position of law, we hold that the Adjudicating Authority has rightly held that the application under Section 9 was not maintainable against one of the members of the partnership firm (Respondent herein) and rightly rejected the said application. We find no merit in this appeal. It is accordingly dismissed. No cost.
