K. J. Scaria, S/o. Late K. J. Kurian vs Registrar of Firms, office of Inspector General Registration

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Ker) 668

P.V.KUNHIKRISHNAN
K. J. Scaria, S/o. Late K. J. Kurian – Appellant
Versus
Registrar of Firms, office of Inspector General Registration – Respondent

Advocates Appeared:
For the Petitioner: B. Pramod, Namitha Jyothish.
For the Respondent: Government Pleader, Smt. Rashmi K.M.

JUDGMENT :

The petitioner herein is the Managing Director of a partnership firm by the name "Floral Decorative & Naturals”. The firm was registered in the year 1994 with registration No.2773/1994. Altogether there were 16 partners in the firm. On 18.4.1995, the firm was reconstituted by a deed of retirement dated 18.4.1995 by which 14 partners retired and the petitioner and M/s.Sofine Decors Pvt. Ltd. continued as partners. Ext.P1 is the deed of retirement. In fact, out of these 14 partners, who had retired from the firm, by Ext.P1 deed, only 5 people, namely 1) P.O. Antony 2) Cijo Joseph, 4) Joy Varghese 5) Varkey John, and 6) Joseph Xavier in Ext.P1 deed are alive and others are no more.

2. According to the petitioner, after the re-constitution of the firm, the petitioner had instructed one Mr. P.V. Joseph, who was one of the directors of M/s.Sophine Decors Pvt. Ltd., the other remaining partner to submit a notice under Sec.63(1) of the Indian Partnership Act, 1932 before the respondent for effecting necessary changes in the details of the firm maintained in the respondent's of

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2021 Supreme(Ker) 668

P.V.KUNHIKRISHNANK. J. Scaria, S/o. Late K. J. Kurian – AppellantVersusRegistrar of Firms, office of Inspector General Registration – Respondent

P.V.KUNHIKRISHNAN
K. J. Scaria, S/o. Late K. J. Kurian – Appellant
Versus
Registrar of Firms, office of Inspector General Registration – Respondent