CHARAN DAS GUPTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS Petition, under Article 226 of the Constitution of India, takes exception to the order dated 3rd February, 1988 passed by the Registrar of Firms, Bombay imposing penalty of Rs.2,500/- under Section 63(1) read with Section 69A of the Indian Partnership Act.

(2.) BRIEFLY the facts giving rise to the present petition are as follows :

(3.) IT seems that on 23rd August, 1987, the Registrar issued another letter intimating that M/s. Dawn Engineering Construction was already registered on 7th August, 1980 under its Registration No.B-155011. He had also intimated that the address of the new firm was changed and unless the old firm was dissolved, the new firm could not be registered on the same address. A further notice was issued by Respondent No.2 whereby he called upon the petitioner to furnish all necessary information about the firm within eight days otherwise Respondent No.2 will be constrained to register any another firm in the same name. In reply, the petitioner wrote a letter dated 29th December, 1987 to Respondent No.2 and pointed out therein that he had intimated about the death of Satish Gupta and after his death, his wife Usha Gupta had left Bombay for her village Tapa in Punjab State, and, therefore, it was impossible to settle accounts and intimate to Respondent No.2.