ASHOKA K B Vs. REGISTRAR OF FIRMS

JUDGEMENT

(1.) The learned Government Pleader to accept notice for respondent No. 1 and file Memo of appearance in four weeks.

(2.) The impugned Registration Certificate at Annexure 'F' is made pursuant to the details filed with regard to the reconstituted Partnership Deed enclosed to Annexure 'F' to the petition. In the said Partnership Deed, the name of the petitioner does not appear. With regard to the same the petitioner in any event has grievance and has already approached the appropriate forum in a properly constituted suit in O.S. No. 2906/2013. If at all the petitioner succeeds in the said suit, he would also become entitled to be one of the Partners of the Firm.

(3.) Therefore, the issue as to whether the petitioner should be considered as a Partner and in that circumstance whether the other partners were justified in entering into a document and seeking registration cannot be decided in the instant petition when there is disputed questions relating to the same. Therefore, even to consider as to whether the Registration as made by the 1st respondent is appropriate or not, the said relief cannot be granted in the instant petition. If at all the petitioner succeeds in the Civil Suit,, which he has filed, certainly all actions taken in that regard would yield to the decision therein and the directions that may be passed in the Civil suit. Therefore, leaving open all contentions including the challenge to the Registration to be raised by the petitioner in the appropriate proceedings, the petition stands disposed of.