LAWS(MAD)-2011-6-37

K P B JAYAKUMAR Vs. REGISTRAR OF FIRMS

Decided On June 07, 2011
K.P.B.JAYA KUMAR Appellant
V/S
REGISTRAR OF FIRMS, DISTRICT REGISTRAR OFFICE Respondents

JUDGEMENT

(1.) BOTH writ petitions came to be posted on being specially ordered by the Hon'ble Chief Justice vide order, dated 9.3.2011.

(2.) THE first writ petition was filed by the original petitioner seeking to challenge an order, dated 13.07.2010 passed by the first respondent Registrar of Firms, Office of District Registrar, Coimbatore. By the aforesaid order, the first respondent found that the removal of four partners from the business and induction of seven persons was illegal and contrary to Sections 31 and 32 of the Partnership Act. With reference to change of name and place of business, no signatures of partners were obtained in terms of Section 60 of the Partnership Act and with reference to dissolution of partners, it was not made with the consent of partners in terms of Sections 39 and 40 and therefore, the Form submitted in this regard and the entries made were cancelled and the Joint Registrar was directed to act accordingly.

(3.) HEARD the arguments of Mr.P.V.S.Giridhar, learned counsel leading Mr.S.Senthil Kumar, learned counsel appearing for the petitioners in W.P.No.15660 of 2010 and Mr.P.H.Arvindh Pandian, learned counsel appearing for petitioners in W.P.No.20816 of 2010.