P.B.MUKHARJI, S.A.MASUD
DURGA PROSAD SARAWAGI – Appellant
Versus
REGISTRAR OF FIRMS – Respondent
( 1 ) THIS is an appeal from the order of Banerjee, J. dismissing the appellant's application under Article 226 of the Constitution against the Registrar of Firms and one Manickchand Sarawagi.
( 2 ) THE dispute relates to a firm of partnership by the name Ramballabh Rameswar. On receiving a notice from respondent Manickchand Sarawagi dated 30th August, 1961 under Section 63 (1) of the Indian Partnership Act, the Registrar of Firms ex parte without giving any notice to the appellants and who are She other contending partners, dissolved the firm by entering the word dissolved' in the Register. The alleged notice of dissolution signed by the respondent Manickchand on which this extraordinary step was taken by the Registrar of Firms is in these following terms;"to The Registrar of Firms. West Bengal. Calcutta. Notice is hereby given pursuant to Sub-section (1) of Section 63 of the Indian Partnership Act 1932, that the firm Ramballabh Rameswar, 19, Nurmal Lohia Lane, Calcutta was dissolved on April 11, 1954. (Number of the firm on the Register --19655.)Manickchand Sarawagi Signature of any partner or his agent. Date August 30, 1981. "
( 3 ) BANERJEE, J. in dismissin
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