A Retired Partner of a Firm has no right under the IBC to file claim against other Partner for retirement dues- Anil Vora HUF Vs. Kavya Build-Con Pvt. Ltd. – NCLT Mumbai Bench
The Adjudicating Authority observes that the Operational Creditor and the Corporate Debtor were the Partners of the Firm. This Bench is well aware about the relationship between the Partners with its Partnership Firm and also accepts the contentions of the Operational Creditor with respect to the joint and several liability with the other partners or with the Firm. However, the Bench is of considered view that even the liability of the Corporate Debtor is proved in all aspect, the IBC does not protect the interest or claim of the Partner against another Partner or the Firm. The claim and the cause of action arose on the transaction between the Partners. Therefore, the Petition itself is not maintainable in the eye of law.
