HIRALAL AGRAWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) According to the petitioners' case in the writ application, petitioners 1 and 2 started carrying on a partnership business in the firm name "Hind Traders", petitioner No. 3. Under Section 58 of the Indian Partnership Act, 1932 (Central Act IX of 1932), hereinafter called the Act, they applied to the Registrar of Firms for registration of their firm. A copy of this application dated 1-9-69 is Annexure '2'. The Registrar of Firms, respondent No. 2, has refused to register the firm and, the order has been intimated to the petitioners in letter dated the 19th January, 1970, a copy of which is Annexure 3 to the writ application. The only reason for not registering the firm is that a firm of the name of Hind Traders had already been registered. The petitioners have come to this Court for the quashing of the order contained in Annexure 3 and for a direction to the Registrar of Firms to register their firm.

(2.) The only question which falls for our decision in this case is whether respondent No. 2 had the power to refuse registration of the firm on the ground he has done.

(3.) Section 58 of the Act reads as follows: