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2010 Supreme(Raj) 906

SANGEET LODHA
Lakha Granites – Appellant
Versus
Eklavya Singh – Respondent


Advocates Appeared
Vijay Bishnoi, for Petitioner;
Sandeep Pathak, P.S. Bhati, Nikhil Dungawat, for Respondent No. 1;
Mukul Singhvi, Deputy Government Counsel, for Respondent No. 2.

Hon'ble LODHA, J.—In this writ petition, the petitioner, a registered partnership firm has assailed the validity of the order dated 18.5.09 passed by the Registrar of Firms, Jaisalmer ("Registrar") in exercise of the power conferred under Section 64 of the Partnership Act, 1932 (in short "the Act"), cancelling the orders dated 7.2.05 and 13.10.06 recording the changes occurred in the constitution of the firm in the Registrar of firms.

2. The relevant facts in nutshell are that the petitioner, a partnership firm, engaged in business of excavation and sale of granite, stones and other related goods was duly registered by the Registrar under the provisions of Section 58 of the Act. A certificate of registration was also issued on 7.3.03.

3. As per the partnership deed dated 3.3.03, the firm was consisting of eight partners namely, Eklavya Singh, Prithvi Raj, Prahalad Rai Tak, Kishore Kumar, Naresh Kumar, Devender Kumar, Chandra Shekhar and Raj Sethia.

4. On 17.1.05, the petitioner firm made an application to the Registrar for recording of alteration in constitution of the firm due to retirement of three partners namely, Chandra Shekhar, Prithvi Raj and Kishore Kumar and induction of one






























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