SAFRAZ MAHMOOD FOR THE APPOINTMENT OF A JUDICIAL FACTOR ON THE ESTATES OF THE DISSOLVED FIRM OF KHAN, BOHRA, UDDIN AND MAHMOOD [2010] ScotSC 166 (30 September 2010)

SAFRAZ MAHMOOD FOR THE APPOINTMENT OF A JUDICIAL FACTOR ON THE ESTATES OF THE DISSOLVED FIRM OF KHAN, BOHRA, UDDIN AND MAHMOOD [2010] ScotSC 166 (30 September 2010)

The petitioner has pled sufficient averments regarding the constitution of a partnership by oral agreement to warrant inquiry. The existence of a bona fide dispute as to the partnership does not, of itself, require dismissal of the petition at this stage. The appointment of a judicial factor remains a discretionary remedy, not automatic upon proof of partnership. The plea of personal bar is not relevantly pled and is repelled.

Citation
[2010] ScotSC 166
Parties
Petitioner: Safraz Mahmood (also known as Safraz Mahmood Rathore); Respondent: Khan; Respondent: Vohra; Respondent: Uddin
Jurisdiction
Scotland
Judgment Date
30 September 2010
Procedural Posture
Petition for Appointment of Judicial Factor / Interlocutory Decision on Relevancy and Procedure, Proof Before Answer Allowed
Outcome
Petitioner's third plea in law repelled; proof before answer allowed; all questions of expenses reserved.
Legal Topics
Appointment of Judicial Factor, Existence of Partnership, Personal Bar, Division and Sale, Summary Application Procedure
Partnership Law Civil Procedure Scots Law Appointment of Judicial Factor Existence of Partnership Personal Bar Division and Sale Summary Application Procedure

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Parties

Safraz Mahmood (also known as Safraz Mahmood Rathore)

Petitioner

Khan

Respondent

Vohra

Respondent

Uddin

Respondent

Procedural Posture

Petition for Appointment of Judicial Factor / Interlocutory Decision on Relevancy and Procedure, Proof Before Answer Allowed

Legal Issues

  1. 1 Whether the petitioner has pled a relevant case that a partnership existed among the parties
  2. 2 Whether the appointment of a judicial factor is appropriate where the existence of the partnership is disputed
  3. 3 Whether the respondents are personally barred from denying the existence of the partnership

Ratio Decidendi

The petitioner has pled sufficient averments regarding the constitution of a partnership by oral agreement to warrant inquiry. The existence of a bona fide dispute as to the partnership does not, of itself, require dismissal of the petition at this stage. The appointment of a judicial factor remains a discretionary remedy, not automatic upon proof of partnership. The plea of personal bar is not relevantly pled and is repelled.

Court Disposition

Petitioner's third plea in law repelled; proof before answer allowed; all questions of expenses reserved.

Orders

  • Repels petitioner's third plea in law (personal bar)
  • Allows parties a proof of their respective averments on dates to be fixed