ALLAHABAD HIGH COURT
(Lucknow Bench)
BEFORE : S.S. CHAUHAN, J.
MAHESH PRASAD AGARWAL ....Petitioner
Versus
REGISTRAR, FIRMS, SOCIETIES AND CHITS, U.P. AND OTHERS ....Opposite Parties
(Writ Petition No. 1158 (M/S) of 2012, decided on 21st January, 2014)
Result; Petition Dismissed.
Hon’ble S.S. Chauhan, J.—This writ petition has been filed for quashing of the orders dated 5.3.2010, 8.9.2003, 7.1.2004 and 10.1.2004.
2. The petitioner happens to be the partner of M/s. Dwarika Prasad Agarwal and Brothers (hereinafter referred to as ‘the Firm’) and he has all along opposed to the induction of Smt. Kishori Devi Agarwal, Smt. Hemlata Agarwal and Anil Kaushik. Initially the Firm was constituted on 10.4.1972, with four members, namely, Dwarika Prasad Agarwal, Bishamber Dayal Agarwal, Mahesh Prasad Agarwal and Ramesh Chandra Agarwal and the same was registered as “ not the member of HUF” in Form-I on 15.11.1976. In the year 1983 Dwarika Prasad Agarwal suffered a major paralytic attack and fell seriously ill and thereafter in the year 1984 certain differences arose between Dwarika Prasad Agarwal, his brothers and his son. On 13.3.1985 an agreement was entered by means of which the business of the firm was transferred to M/s. Writer & Publishers Private Limited, which was singed by the petitioner in lieu of certain amount. The said agreement was put to challenge in Civil Suit No. 57A of 1987 by Late Bishamber Dayal Agarwal. On 25.11.1987 petitioner gave a notice for dissolution of the partnership under Section 43 of the Indian Partnership Act, 1932 (for short ‘the Act’), whereupon M/s. Writers & Publishers Private Limited through opposite party No. 5 filed Civil Suit No. 74-A before the Court of Additional District judge-I, Bhopal for declaration of title and perpetual injunction in favour of the aforesaid company. Thereafter, another Civil Suit bearing No. 75-A of 1987 was filed before the Court of Additional District Judge-I, Bhopal on 30.11.1987 by Ramesh Chandra Agarwal against all partners of firm for the dissolution of the Firm, Rendition of Accounts and appointment of Receiver. During the pendency of the aforesaid suits, writ petition was filed by Bishambhar Dayal Agarwal before the Jabalpur High Court, wherein a compromise was entered into between the opposite party No. 5, Bishamber Dayal Agarwal and the petitioner alongwith their sons, namely, Kailash Agarwal, Sudhir Agarwal and Sanjay Agarwal on 29.6.1992 before the High Court at Jabalpur, pursuant to which all the pending suits were dismissed as withdrawn and consequently thereof Registrar Newspaper of India altered the name of the owner of title ‘Dainik Bhaskar’ in his register from the Firm M/s. Dwarika Prasad Agarwal and Bothers to M/s. Writers Publishers Limited, Bhopal vide order dated 3.9.1992. Thereafter, Dwarika Prasad Agarwal moved an application for recall of the order dated 29.6.1992 before the High Court at Jabalpur, which was dismissed on 13.11.1992. The aforesaid order was subjected to challenge before the Apex Court by Dwarika Prasad Agarwal in Civil Appeal No. 4782-83 of 1996 and by Bishambhar Dayal Agarwal Writ Petition No. 527 of 1993. It is to be noted that during the pendency of the civil appeal before the Apex Court Dwarika Prasad Agarwal died on 20.7.1993 and both the wives of Dwarika Prasad Agarwal, namely Smt. Kasturi Devi (first wife) and Smt. Kishori Devi (second wife) moved an application for substitution. The application moved by Smt. Kishori Devi was allowed and she was substituted in place of Dwarika Prasad Agarwal alongwith her daughters, namely, Hemlata and Anuradha and Smt. Kasturi Devi (first wife) was directed to be impleaded as respondent. The Apex Court finally allowed the appeal vide judgment and order dated 7.7.2003 and relegated the parties to the original position i.e. before 29.6.1992. The petitioner thereafter moved a complaint on 17.7.2003 before the Registrar stating therein that reconstitution of the firm dated 2.3.1996 may be stayed forthwith and Form No-VII may be cancelled. The said complaint was transferred to the Deputy Registrar, Meerut who stayed the amendment dated 2.3.1996 vide order dated 19.7.2003. After coming to know about the said order, Smt. Hemlata Agarwal moved a complaint to call for
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