MALA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. S. Kanungoe, learned counsel for the petitioner. Also heard Mr. N. Goswami, learned counsel for the respondents No. 1 to 4. None appears for the respondent No.5 inspite of receiving notice and taking time on earlier occasions to file affidavit in opposition.

(2.) The father of the respondent No.5 was operating a fair price shop bearing Trade Licence No.NSS (R) /62. The father of the respondent No.5 and the petitioner entered into a deed of partnership dated 09.01.2007 providing that the father of the respondent No.5 had proposed to adopt the petitioner as a partner to run the business of the fair price shop bearing the aforementioned licence number and the petitioner agreed to accept the proposal of the father of the respondent No.5 and accordingly, both the parties agreed to run the fair price shop jointly for the interest of fair distribution of essential commodities.

(3.) Clause 12 and 13 of the said agreement dated 09.01.2007 are extracted below:-