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2017 Supreme(J&K) 157

ALOK ARADHE, SANJEEV KUMAR
Dharam Chand – Appellant
Versus
Dharam Paul – Respondent


Advocates Appeared:
For the Appellants :Mr. U.K. Jalali, Sr. Advocate with Mr. Anuj Sawhney, Advocate.
For the Respondents:Mr. Ajay Abrol, Advocate, Mr. N.A. Choudhary, CGSC, Mr. Rohit Kapoor, AAG.

JUDGMENT :

Alok Aradhe, J.

1. Both these intra Court appeals arise out of a common order dated 24.12.2004 passed by the learned Single Judge in OWP No.932/2002, by which the writ petition preferred by the deceased respondent No.1 has been allowed and the official respondents have been directed to incorporate the name of the deceased-respondent No.1 as co-licensee in place of Late Shri Dhirendra Brahmchari in the Arms license of M/S Shiva Gun Factory. In order to appreciate the appellant’s grievance, relevant facts need mention, which are stated infra.

2. A Gun manufacturing license to manufacture one gun at a time was granted in favour of deceased Dharam Chand in the year 1950. On 20.09.1980, he was granted a fresh license as sole proprietor of M/S Shiva Gun Factory, Jammu Tawi to manufacture 3000 ML/BL Guns per annum. On 24.01.1982, name of Late Shri Dhirendra Brahmchari was added as a partner in the said license. However, in the license, no individual share of the each partner was reflected. Late Dhirendra Brahmchari died in a plane crash on 09.06.1994. The deceased respondent No.1 on the basis of a will, which was executed one day prior to the death of the deceased Dhirendra Brahmc




















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