DWARKA PRASAD AGARWAL Vs. B D AGARWAL

JUDGEMENT

(1.) Whether settlement of a private dispute between the parties to a writ proceeding is permissible in law, is the prime question involved in these batch of appeals which arise out of judgments and orders passed by Madhya Pradesh High Court in M. P. No. 802 of 1992 and M. C. C. No. 477 of 1992 and the connected writ petition.

(2.) The factual matrix involved in these matters may be noticed in brief.

(3.) A partnership firm known as M/s. Dwarka Prasad Agarwal and Brothers (The firm) was constituted with Dwarka Prasad Agarwal (since deceased), Bishambhar Dayal Agarwal (since deceased), Mahesh Prasad Aggarwal - all sons of Keshav Dev Agarwal and Ramesh Chandra Agarwal, son of Dwarka Prasad Agarwal in the year 1972 as partners thereof. Each partner contributed towards the capital of the Firm is shares to the extent of 25%, 30%, 30% and 15% respectively. Prior to the constitution of the Firm, a newspaper known as Dainik Bhaskar was being published by Dwarka Prasad Agarwal and his name was recorded in the Registrar of Newspapers for India (for short RNT). The said Dwarka Prasad Agarwal was the karta of a larger HUF consisting of himself and his partners. He had two wives, namely, Kasturidevi and Kishoridevi. Allegedly, the firm transferred the business of publication of Dainik Bhaskar at Gwalior to a newly incorporated company. M/s. Bhaskar Publication and Allied Industries Pvt. Ltd. of which Dwarka Prasad Agarwal was the lifetime Managing Director and Chairman and therein Bishambhar Dayal Agarwal and his son. Ramesh Chandra Agarwal were shareholders and directors. A printing press of which Dwarka Prasad Agarwal was the owner is said to have been transferred to the said company for the purpose of printing of the aforementioned newspaper. According to the appellants, in the Annual Reports of the RNI, the name of the said firm was shown as the owner of the said newspaper. It is not disputed that in the year 1982, Dwarka Prasad Agarwal suffered from a paralytic attack and was unable to attend to business actively.