The court found that no individual liability could be established against partners of a firm without evidence showing their control over business operations, and proceedings initiated under a repealed statute are invalid.

JUDGMENT :

Ananya Bandyopadhyay, J.

1. The instant revisional application is preferred against the order dated 12th February, 2014 passed by the Learned 1st Court of Metropolitan and Municipal Magistrate, Calcutta in Case No. 2D of 2010 and for quashing the complaint dated 22nd November, 2010 filed under Section 16 (1)(a)(i) read with Sections 6 and 7 of the Prevention of Food Adulteration Act, 1954 being Case No. 2D of 2010 pending before the Learned First Court of the Metropolitan & Municipal Magistrate, Kolkata.

2. The petitioners were brothers each above 65 years of age.

3. Petitioners were three of the sons of Late Shri Krishan Lal Kapur who during his lifetime was a well known businessman and a permanent resident of Calcutta. The petitioners’ father died on 5 January 1955. The petitioners also had an elder brother whose name was Rajendra Kumar Kapur, who died on 27 November 2013.

4. The petitioners’ father left several businesses one of which was a hotel by the name of Hotel Minerva situated at 11, Ganesh Chandra Avenue, Kolkata700019. After the demise of their father, through inheritance the businesses were operated for over 50 years by co-partnership between the late Rajendra Kumar Kapur, the eldest brother and the three petitioners under the name and style of R.K. Kapoor & Brothers.

5. As professionals in regular practice for decades neither the petitioner No. 1 nor the petitioner No. 3 had been involved in day-to-day basis or otherwise with the conduct of the business or the affairs or the management the hotel business.

6. In or about the year 2000 there were disputes and differences between the brothers regarding the joint businesses and the same were referred to arbitration before the late Dipankar Ghosh, Barrister-at-law & Senior Advocate who was nominated as the Sole Arbitrator.

7. Petitioners stated that by the award dated 29th June, 2001 the Arbitrator adjudicated and declared that the entire business of Hotel Minerva would henceforth be run, operated, and controlled by the eldest brother, the late Rajendra Kumar Kapur. In fact, clause 10.12 of the said award inter alia provides :-

“However, Rajendra Kumar Kapur shall continue to run and operate the business of Hotel Minerva and perform all executive functions relating thereto including operation of bank accounts”.

8. Petitioners’ stated that it will thus be evident and it was the incontrovertible and admitted position on the basis of the aforesaid unassailable and conclusive records that the entire operations of Hotel Minerva thus came to be exclusively vested in, and were by the award directed to be run, operated, controlled and managed solely by their eldest brother, Late Rajendra Kumar Kapur and such was the actual position from the date of the Award which continued until his death in the month of November, 2013 as aforesaid.

9. Prior to his death the said Rajendra Kumar Kapur was seriously ill and suffering principally from renal failure and other serious medical complications so the actual charge and responsibility for the conduct of the day-to-day affairs and business of the said hotel was principally with employees nominated by him.

10. In or about November, 2010 the petitioners were served with a copy of a purported summons issued by the Learned First Court of the Metropolitan and Municipal Magistrate Calcutta. On inquiries, the petitioners were informed that a purported inspection was carried out by the opposite party, namely, Sri Pradip Chakroborty, Food Inspector, of the Kolkata Municipal Corporation, purportedly designated and appointed under the said 1954 Act, at the premises of Hotel Minerva on 30th September, 2010. In the course of th