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2014 Supreme(All) 178

S.S.CHAUHAN
MAHESH PRASAD AGARWAL – Appellant
Versus
REGISTRAR, FIRMS, SOCIETIES AND CHITS, U. P. – Respondent


JUDGMENT

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







































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