In the absence of the compliance of Section 69(2) of the Indian Partnership Act, 1932, an unregistered Partnership Firm cannot file insolvency petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 – Amogh Industrial Products Vs. Mirchi Developers Pvt. Ltd. – NCLT Hyderabad Bench
Hon’ble NCLT Hyderabad Bench held that in lieu of Section 69(2) of the Indian Partnership Act, 1932, it is imperative on the Petitioner to show that the Petitioner is a registered firm and that the Authorised Signatory is shown as partner in the Register of Firms. In the absence of the compliance of Section 69(2) of the Indian Partnership Act, 1932, the Petition filed is not maintainable and is liable to be rejected.