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2003 Supreme(All) 255

SUNIL AMBWANI
Subhash Chandra Kesarwani – Appellant
Versus
Assistant Registrar, Firms, Societies and Chits, Allahabad – Respondent


Advocates Appeared:
A.K.Goel, AMIT KRISHNAN, M.K.Pandey, R.N.Singh, Ravi Kant,

( 1 ) HEARD Sri R. N. Singh, Senior Advocate, assisted by Sri A. K. Goel for petitioner, and Sri Ravi Kant for respondent No. 2, Standing Counsel represents respondent No. 1.

( 2 ) PETITIONER has challenged orders dated 8-8-2002 passed by Assistant Registrar, Firms Societies and Chits, Allahabad rejecting petitioners representation; and the registration of respondent No. 2 firm dated 12-10-2001 on the basis of declaration in Form-VII dated 3-10-2001 and has prayed for a direction to Assistant Registrar Firms Societies and Chits, Allahabad not to give effect to the impugned registration dated 12-10-2001.

( 3 ) THE facts giving rise to this case are that M/s. Kesarwani Zarda Bhandar, Village and Post/sahson, Allahabad-respondent No. 2 was reconstituted by partnership deed executed on 4-4-1998 between 16 partners, in accordance with the provisions of the Indian Partnership Act, 1932 (hereinafter referred to as the act ). Clauses 5, 22, 24, 25 and 26 of the Partnership deed relevant for the purpose of this case are quoted as below :

"5. That the duration of the partnership shall be at will and subject to the provisions of Indian Partnership Act, 1932.

22. That the parties to this deed m



















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