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2024 Supreme(Bom) 62

JITENDRA JAIN, A. S. CHANDURKAR
Samrat Span Realties, Through its Partner – Rajendra Kesharchand Bora – Appellant
Versus
Registrar of Firms, Pune – Respondent


Advocates Appeared:
For the Petitioner: Mr. R.D. Soni, with Mr. V.R. Kasale, i/by Ram & Co.
For the Respondents: Mr. R.P. Kadam, Mr. Rushikesh C. Barge.

JUDGMENT :

(A.S. Chandurkar, J.) :

1. RULE. Rule made returnable forthwith and heard the learned counsel for the parties.

2. The refusal on the part of the Registrar of Firms to record change in the constitution of the Partnership Firm consequent upon expulsion of some partners is under challenge in this writ petition filed under Article 226 of the Constitution of India.

3. The facts relevant for adjudicating the writ petition are that it is the case of the petitioner-Firm that it’s partners, along with respondent nos.2 to 6, constituted a Partnership Firm - Firm that was duly registered under the provisions of the Indian Partnership Act, 1932 (for short, “the Act of 1932”). The Firm consisted of thirteen partners. Eight partners issued a notice to the remaining partners on 25th June 2011 stating therein that since the said noticees failed to comply with the contractual obligations mentioned in the Partnership Deed dated 14th August 2009, they were being expelled from the Firm. This notice was replied by respondent nos.2 to 6 denying the allegations as made and questioning the legality of their expulsion. Based on such action of expulsion, the partners claiming to constitute the Firm,

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