MASTER INSULATION INC. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has called in question correctness of the proceedings at Annexure-H, wherein there was a direction on 30/3/2023 that Sri S. Gurunath and Smt. G. Sunitha are to be restored in the registration as per the Reconstitution of Partnership Deed dtd. 13/6/2017.

(2.) Learned counsel for the petitioner submits that the original partnership deed was altered by a Deed of Reconstitution on 1/7/2017 at Annexure-A and subsequently, the same was modified by way of Partnership Deed dtd. 2/1/2019 and in accordance with the said Partnership Deed, two of the partners i.e., Sri. S.Gurunath and Smt. G.Sunitha have retired. Accordingly, it is submitted that the proceedings at Annexure- H has not taken note of the Partnership Deed of 2/1/2019.

(3.) Sri. K. Hemakumar, learned AGA appearing for the respondents submits that in the records of the respondent- Authority, the only Partnership Deed that is available is the Deed of Reconstitution of Partnership dtd. 1/7/2017. Accordingly, it is submitted that the proceedings by the respondent- Authority are on the premise of details of partners as found in the Deed of Reconstitution of 1/7/2017. It is fairly submitted that if the subsequent reconstitution/partnership deed relating to earlier entity is placed before the Authority, the Authority will look into the same in accordance with law and, if case is made out, they would reconsider the proceedings at Annexure-H.