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2017 Supreme(All) 135

MAHESH CHANDRA TRIPATHI
GORAKHPUR STEELS & METALS PVT. LTD. – Appellant
Versus
PRESIDING OFFICER, D. R. T. – Respondent


Advocates:
Counsel :
Arvind Srivastava for the Petitioner; Vipin Sinha, Anil Sharma, K.M. Asthana, O.P. Mishra, Rahul Sripat and S.C. for the Respondents.

JUDGMENT

Hon’ble Mahesh Chandra Tripathi, J.—Heard Shri Arvind Srivastava, learned counsel for the petitioner-company, Shri K.M. Asthana, learned counsel appearing for first and second respondents, Shri Rahul Sripat, learned counsel for the eight respondent and Shri Anil Sharma, learned counsel for the tenth respondent.

2. Brief background of the case, as reflected from the record, is that M/s. Ashok Iron & Steel Rolling Mills, Ashok Nagar, Tehsil Chauri Chaura, District Gorakhpur (fifth respondent) is a partnership firm with its Head Office at 194/1/7, Grand Trunk Road, Salkia Howrah, West Bengal and principal office of business and manufacturing unit at Ashok Naga, Tappa Kewatali Pargana Haveli, Tehsil Sadar, (Now Chauri Chaura), District Gorakhpur, U.P. The firm was set up by its partners to manufacture M.S. Rods, Flats, Iron angles etc. The firm was availing a cash credit loan from the State Bank of India, Branch Bank Road, Gorakhpur (third respondent) from a long time. Due to death/retirement of its partners, the firm was reconstituted on 30th day of December, 1991 and since thereafter the firm was carrying on business with following partners namely (i) Maghraj Garg; (ii) Krish














































































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