RAMAN KAPOOR Vs. GOVT OF NCT DELHI

JUDGEMENT

(1.) The petitioner has filed the present writ petition seeking quashing of the order dated 3/1/1995, recording the retirement of the petitioner w.e.f. 1/4/1992 or otherwise direct the Registrar of firms of respondent No.1 to rectify Under Section 64 of the Indian Partnership Act (hereinafter referred to as "the Act") the alleged mistake as done by him and further to penalise the other partners of the firm for their act of forgery and furnishing false particulars, under Section 70 of the Act.

(2.) The factual matrix of the case may be briefly noted to the extent it is relevant. The petitioner claims that he is a partner in the partnership firm in the name of M/s.Kapoor Sons and Co., along with respondent No.2 Mr.O.P.Kapoor and other partners. The writ petition has its origin and genesis in family acrimony. The petitioner is the son of respondent No.2 and other partners are his brothers. Petitioner claims that he is also a partner in other family concerns and firms, such as Continental Films and M/s.Rupas International, which own various other assets. Petitioner claims to have been looking after the business of partnership firm in Columbia, writ petition has several averments with regard to the petitioner looking after the family businesses and interest in Columbia. However, the same are not relevant to the issue in the present writ petition.

(3.) The petitioner"s grievance in the writ petition is that respondent No. 2 in collusion with other partners, forged a notice of change in constitution of the registered firm by filing form V. appearing at page 21 of the paper book. The said form No.V u/s 63(1) of the Act is to the effect that the petitioner has retired from the partnership w.e.f. 31/3/1992. Petitioner denies his signatures as also the execution of the dissolution deed, which is stated to have been filed with the Registrar of Firms. In the writ petition, the petitioner's claim is that the Registrar of Firms has acted on this forged document and has recorded the changes under Section 63 of the Indian Partnership Act. The petitioner therefore seeks the quashing of the changes as recorded by the Registrar and seeks quashing of entries in Form-A as recorded by the Registrar of Firms.