JAGANNATH PRABHASHANKAR JOSHI Vs. VARADKAR

JUDGEMENT

(1.) THIS is an appeal from the Judgment of Mr. Justice Shelat in Misc. Petition No. 81 of 1959. This petition was instituted by the two petitioners under Article 226 of the Constitution challenging the decision of the first respondent, the Joint Chief Controller of Imports, Bombay refusing to grant a licence to them for importing certain motor vehicle parts and accessories.

(2.) PRIOR to August, 1957, the firm of Allied (A to z) Agencies consisted of three persons as partners, those persons being two petitioners Jagannath Prabhashankar Joshi and Shankerlal Prabhashanker Trivedi and one Shantilal Karsamji Bhatt. This firm carried on business of import and export and was recognized by the Import and Export Authorities as an Established Importer. Certain quota certificates were granted to this firm for importing au-tomobile parts and accessories.

(3.) BY a Deed of Dissolution dated 6th of September, 1957 the firm was dissolved by the retirement of Shantilal as from the 3rd of August, 1957. The firm was thereafter reconstituted aad the only members thereof since then are the two petitioners. At the time of Shantilal's retirement, a sum of nearly Rs. 75,000/- was found due and payable to him in consideration of his releasing in favour of the continuing partners his right, title and interest in the assets and goodwill ot the firm. On the 9th of September 1957 Shantilal made a declaration in which he has made the following declaration amongst others: