LILADITYA DEB Vs. REGISTRAR OF FIRMS

JUDGEMENT

(1.) This writ petition has been filed with the following prayers:

(2.) The case of the Petitioner is that he, namely, Sri Liladitya Deb, along with his siblings Siladitya Deb and Rob Ray Deb formed a partnership firm by executing Registered Partnership Deed No.6239 dated 19.12.1964 (Annexure-2). The partnership firm, namely, M/s. Gangeya Supply Agency (for short 'the Firm') was registered under the provisions of the Indian Partnership Act, 1932 (for short 'the Act') on 26.04.1979. On 02.08.1989, Siladitya Deb and Rob Ray Deb retired from the partnership. Consequently, the firm was only left with one partner, namely, the Petitioner and was reduced to a proprietorship firm. On the day Siliditya Deb and Rob Ray Deb retired from the partnership, i.e., with effect from 02.08.1989, the Petitioner also executed an agreement with M/s. Falcon Marine Exports Private Ltd. (for short 'the Company'). Subsequently, on 17.02.1993, a supplementary agreement for change in the original partnership deed was executed between the Company and the Petitioner. Both the agreements dated 02.08.1989 and 17.02.1993 between the Company and the petitioner were unregistered agreements. Mr, Mohanty learned Senior Counsel submitted that both the aforesaid agreements were outcome of fraud and misrepresentation. The Opposite Party No.2, taking undue advantage of the situation, after a lapse of more than 15 years, sought for induction of his name as a partner in the Firm on the basis of a deed named and styled as Partnership Deed (Reconstituted) executed on 01.04.1995 between the Petitioner and said Opposite Party No.2 in his individual capacity. It is his submission that due to alleged inaction of the authorities under the Act seeking for an amendment in the constitution of the Firm by inducting the opposite party No.2 as a partner in the Firm, W.P.(C) No.17542 of 2010 was filed by the Opp. Party No. 2 with a prayer to direct the opposite party No.3 therein to produce the entire records in respect of the Firm and to amend the entry relating to the Firm before the Registrar of Firms by incorporating his name in the said register in accordance with law. The said writ petition was disposed of on 09.11.2010 with the following order:

(3.) It is the submission of Mr. Mohanty, learned Senior Counsel that pursuant to the aforesaid direction, the authority under the Act without following due procedure of law and without giving an opportunity of hearing to the Petitioner, directed to induct the Opposite Party No.2 as a new partner in the Firm and communicated same to the Petitioner vide letter dated 02.03.2005 (Annexure-1).