DIVYA MARBLE Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner has filed this petition being aggrieved by order dated 28.8.2004 passed by the Assistant Registrar, Firms and Societies, Jabalpur Division, Jabalpur, whereby the application, filed by the petitioner seeking amendment of the entries in the register regarding principal place of business, has been rejected on the ground that the principal place of business of the petitioner is situated beyond the territorial jurisdiction of the Registrar concerned and, therefore, the change sought to be made in the entries is beyond his territorial jurisdiction and against the provisions of Section 58 of the Indian Partnership Act, 1932 (hereinafter referred to as 'the Act').

(2.) THE brief facts, leading to the filing of the present petition, are that the petitioner is a Partnership Firm which is carrying out business of mining, cutting and polishing of marbles at Katni. Initially the petitioner Firm filed an application seeking registration under the provisions of the Indian Partnership Act before the Registrar, Firms and Societies, Jabalpur, in which it was shown that the petitioner was doing business of cutting and polishing marbles at 24, Adarsh Nagar Colony, Katni and accordingly the petitioner's Firm was registered by the Registrar under the provisions of Section 58 of the Act in the year 2002. Subsequently, as one of the partner retired and one Shri Shanti Lal Singhvi was made the Managing Partner of the Firm, therefore, the partnership deed was reconstituted by the petitioner on 30.9.2003 wherein it was provided that the principal place of business of the petitioner Firm would now be Room No.1, 32/379 Opposite Gogunda House, L. N. Mishra Marg (Detya Magri) Udaipur, Rajasthan, instead of 24, Adarsh Nagar Colony, Katni, M.P. Pursuant to the aforesaid change, the petitioner filed an application on 30.12.2003 in Form-II prescribed by Rule 31 of the rules framed in this regard before the Registrar, Firms and Societies, Jabalpur, for alteration in the principal place of business, under Section 60 of the Act. The aforesaid application, filed by the petitioner, has been rejected by the impugned order dated 28.8.2004 on the ground that as the changed principal place of business falls outside the territorial jurisdiction of the Registrar concerned, i.e. Assistant Registrar, Firms and Societies, Jabalpur, therefore, the application for change is not in accordance with the provisions of Section 58 of the Act. The petitioner, being aggrieved, has filed the present petition.

(3.) THE learned Govt. Advocate appearing for the respondent/State per contra, submits that a Registrar, who is required to make entries in the Register of Firms under Section 58 of the Act, can only do so in case the principal place of business of a firm concerned is situated within his territorial jurisdiction. It is submitted that in the instant case, as the petitioner seeks to change its principal place of business to Udaipur which is beyond the territorial jurisdiction of the Registrar at Jabalpur, therefore, no fault can be found with the impugned order dated 28.8.2004 rejecting the petitioner's application for altering the entries made by the Registrar, Firms and Societies while registering the firm under sections 58 and 59 of the Act.