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2022 Supreme(Guj) 1851

BIREN VAISHNAV
Dhanesh Bhadarmal Jain – Appellant
Versus
Registrar of Firm – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Percy Kavina, Vishal J. Dave, Nipun Singhvi.
For the Respondents: Shalin Mehta, Paritosh Gupta, Dhwani Tripathi.

JUDGMENT :

BIREN VAISHNAV, J.

1. Rule returnable forthwith. Learned Assistant Government Pleader as well as learned advocate waives service of notice of Rule for and on behalf of the respective respondents.

2. Heard Mr. Percy Kavina, learned Senior Counsel assisted by Mr. Vishal J. Dave, learned advocate for the petitioners and Mr. Shalin Mehta, learned Senior Counsel assisted by Mr. Paritosh Gupta, learned advocate for the respondents.

3. This petition is taken up for hearing in light of the request made by the Division Bench vide order dated 01.12.2022 in Letters Patent Appeal No. 1472 of 2022.

4. The petition challenges the order dated 05.09.2022 passed by the Registrar of Firms, Ahmedabad by which the Registrar has passed an order declaring the partnership firm that is M/s. Samkit Infracon of the petitioners as dissolved and further the status of the firm as “dissolved” has been recorded in the Registrar of Firms in Form “G.”

5. The facts in brief are as under:

    4.1. M/s. Samkit Infracon was duly registered under the provisions of the Indian Partnership Act, 1932 on 25.03.2016. On 12.08.2016, the partnership firm was amended with induction of new partners namely; Shri Dhanesh Jain and

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