KUNDAN COLD STORAGE Vs. LICENSING OFFICER FARRUKHABAD

JUDGEMENT

(1.) The petitioners have come up with prayers to quash the Order dated 9-8-1989 and 30/08/1994 as contained in Annexures 3 and 4 passed by the Licensing Officer, Regulation of Cold Storages Act/Sub Divisional Magistrate, Sadar, Farrukhabad, in Claim Case No. 40 filed by Respondent No.3, herein, by grant of a writ of certiorari.

(2.) It appears that for setting aside the order dated 9-8-1989, the Petitioners had moved Respondent No. 1, but their prayer was rejected vide order dated 30/08/1994.

(3.) The Petitioner assert inter alia that they also filed an appeal along with stay application under Section 36 of the U.P. Regulation of Cold Storages Act, 1976 (hereinafter referred to as 'the Act') before Respondent No. 2 U.P. Cold Storage Tribunal, but since the Tribunal is not sitting for the last six months and as such there is no alternative efficacious remedy available to them; that in the year 1985 an application was filed by Respondent No. 3 before Respondent No. 1 for awarding compensation from Messrs Avtar Cold Storage, Yaqootganj, Farrukhabad in regard to potatoes stored by him, which were damaged stating that the name of Messrs. Avtar Cold Storage has been presently changed as Kundan Cold Storage in regard to which issue No. 3 was framed; that the partners of Messrs Avtar Cold Storage had sold it out, vide registered sale deed dated 13-4-1988 (as contained in Annexure-1) to Petitioner No. 2, who since then has been running the Cold Storage in the name and style of Messrs Kundan Cold Storage; which is a registered partnership firm has four partners the Petitioner No. 2 Smt. Shanti Devi, Surendra Pal Chhabra and Jitendra Pal Chhabra who are in no way connected with the partners of Messrs Avtar Cold Storage, the petitioners had no knowledge about the Claim Petition filed by Respondent No. 3 against Messrs. Avtar Cold Storage; service on them was manipulated by Respondent No. 3 which showed that the summons have been served on the Manager of the Petitioner No. 1 without having even his signature and thus ex facie incorrect, yet their prayer to set aside the aforementioned order dated 9-8-1989 was wrongly rejected by the impugned order dated 30/08/1994; Petitioner No. 1 not having born in the year 1985, the responsibility to pay compensation was on Messrs Avtar Cold Storage, which has been wrongly fixed on Petitioner No. 1 and its partners; Messrs Avtar Cold Storage and Messrs. Kundan Cold Storage are entirely different registered partnership firms having different identity and partners and thus, the Petitioner No. 1 has been wrongly fasten with the liability.