HARBANS LAL SACHDEVA Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioners have filed this petition against the order dt. 28.7.2005 (Annexure P/1), by which the appellate authority dismissed the appeal filed by the petitioners and also against the order dt.16.12.2003 (Annexure P/11) passed by the Licensing Authority. By the order dt.16.12.2003 (Annexure P/11), the Licensing Authority granted licence to exhibit cinema at Roxy Talkies in favour of Mr.Harbans Lal Sachdeva and Mr.B.R.Sareen in their joint names.

(2.) MR .K.D.Marfatiya was owner of a property named as 'Roxy Talkies' situate at Lashkar area, Gwalior. He leased out the aforesaid property in favour of Mr.B.B.Sareen, who later on obtained licence to run cinema. On 16.2.1958 Mr.B.B.Sareen constituted a Partnership Firm namely M/s Agra Films Exhibitors with partnership of Mr.Harbans Lal Sachdeva. On 5.1.1970 another partnership deed was executed, in which sons of Mr.B.B.Sareen and Mr.Harbans Lal Sachdeva, namely Mr. B.R.Sareen and Mr.Ramesh Kumar Sachdeva were inducted as new partners. After death of Mr.K.D.Marfatiya, his son Mr. Bahadur K. Marfatiya and wife Smt.Gulbanu Marfatiya executed a new lease deed.

(3.) A Civil Suit for dissolution of Firm was also instituted and the court appointed Mr.Layak Chand Siyal as Receiver and on an appeal, in place of Mr.Layak Chand Siyal, Mr.Harbans Lal Sachdeva was appointed as Receiver. High Court in M.P.No.104/76 set aside the order passed by the Licensing Authority ­ Collector and remanded the case back to reconsider the same. Thereafter, the Licensing Authority vide order dt.29.11.1979 ordered closure of Cinema. Against the order dt.28.9.1979 passed in M.P.No.104/1976, an SLP No.2654/1980 was filed before Hon'ble Supreme Court. Hon'ble Supreme Court vide order dt.23.8.1991 directed the Licensing Authority to reconsider the application with certain observations and Mr.Harbans Lal Sachdeva was permitted to exhibit cinema. Additional District Judge vide judgment dt.1.1.1998 cancelled the receivership of Mr.Harbans Lal Sachdeva. Against the aforesaid judgment, an appeal was filed.