Wadhwa Rubber vs Bandex Packaging Pvt. Ltd.

Dr. Deepti Mukesh, J

Present application is filed by M/s Wadhwa Rubber a proprietary firm of Mr. Satish Wadhwa, to initiate C1RP under Section 9 of Insolvency and

Bankruptcy Code read with Rule 6 of Insolvency and Bankruptcy (application to adjudicating authority) Rule 16 against M/s Bandex Packaging Pvt.

Ltd.

The applicant has filed this application for dues sum of Rs. 9,17,957/-. The documents annexed with the application being a copy of “Rent

agreementâ€, between lessor and lessee. The detail of claim mentioned in the application Is with respect to arrears of lease rentals along with unpaid

electricity bills, unpaid, water bills and repairing charges.

The Rent agreement between the applicant and respondent is, executed by one Mr. Satish Kumar Wadhwa, describing him as “Partner†of

Wadhwa Rubber, as a lessor.

The applicant has further annexed copy of settlement letter between the parties duly executed on letter head of Corporate Debtor. A copy of

cheque of Rs. 1,00000/-, issued by Corporate Debtor to the applicant in view of above settlement is annexed ‘The said cheque has bounced, and

cheque return memo issued by the bank is also annexed.

The Corporate Debtor has neither replied to notice under Section 8 of the Code, nor to the present application filed by the applicant. None appeared

for Corporate Debtor and matter was proceeded ex parte.

The Corporate Debtor has not contested the matter, but  whether a proprietary firm can file an application or any proceedings in the name of firm

is the moot question of law. It is settled law that the proprietary firm has to file any proceeding through or by the proprietor and not in name of firm.

The application was listed for clarification on 13.12.2019, 18.12.2019 and 19.12.2019 to remove defect, but none appeared for applicant.

In our view, the present application cannot be entertained in  view of the same being filed by a proprietary firm. Hence, this application needs to

be dismissed. The contentions of the applicant are kept open and this order shall not prejudice the rights of the applicant to pursue remedy available in

law in respect to the present claim. The application is dismissed and dispRsed of in terms of above order.