SUBHO DEEP ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The judgement and order dtd. 1/6/2023 passed in the appellant's writ petition being WPA 1206 of 2023 by a Learned Single Judge of this Court has been impugned in the instant appeal . By the impugned order Learned Single Judge dismissed the writ petition wherein prayer was made inter alia, for a direction upon the SDO, Mal, Jalpaiguri, the respondent no.5 herein, to renew the licence of the concerned partnership business on his own signature excluding the signatures of the other partners who are the private respondents herein. The writ petitioner, being aggrieved, has preferred the instant appeal.

(2.) For effective disposal of the instant appeal, the facts leading to filing of WPA 1206 of 2023 are required to be stated in a nut shell.

(3.) Admittedly the present appellant and the private respondent nos. 8 to 11 are the partners of a partnership business carried on under the name and style of 'M/s Roy and Cousins' which is a petrol pump at Mal, District Jalpaiguri. It is also a matter of record that in between the partners of the aforementioned firm, several litigations are pending both before the District Court as well as before this Court. From the material placed before us it appears that on account of dispute between the partners on an application under Sec. 11 of the Arbitration and Conciliation Act, 1996, being AP 279 of 2023 (Shyamal Roy and ors. vs. Subhodeep Roy), a Single Bench of this Court by its order dtd. 17/5/2023 constituted an Arbitral Tribunal to resolve the disputes between the partners of the said firm.