LAWS(KER)-2015-7-124

KURIACHAN CHACKO AND ORS. Vs. REGISTRAR OF FIRMS

Decided On July 29, 2015
Kuriachan Chacko And Ors. Appellant
V/S
REGISTRAR OF FIRMS Respondents

JUDGEMENT

(1.) This Writ Appeal has been filed against the judgment dated 16.01.2014 in W.P(C) No.25818 of 2013 by which judgment the Writ Petition filed by the petitioners-appellants has been dismissed.

(2.) Brief facts giving rise to the Writ Petition are: Petitioners are partners of a registered firm, M/s.LIS constituted on 11.11.2002 by a deed of partnership which deed was registered with the Registrar of Firms on 26.11.2002. Duration of the Firm was mentioned as five years and statement under Section 58(1) of the Indian Partnership Act, (hereinafter referred to as "the Act") was submitted and registered by the Registrar of Firms.

(3.) A statement was filed in the Writ Petition by the Registrar of Firms where it was mentioned that petitioners' Firm was registered on 26.11.2002 with duration of five years as mentioned at the time of Registration, tenure of the firm expired on 25.11.2007 and request for further extension for 30 years was submitted for the first time in the year 2013, after a lapse of six years. Partnership constituted for a fixed period of five years having come to an end after the expiry of five years, Exhibit P5 proceedings of the Registrar refusing to note the change was justified.