THE HIGH COURT OF KARNATAKA
SACHIN SHANKAR MAGADUM
M/S. HOUSSO VENTURES – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 10861/2026
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NC: 2026:KHC:21145 WP No. 10861 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026
BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 10861 OF 2026 (GM-ST/RN)
BETWEEN:
1. M/S. HOUSSO VENTURES A PARTNERSHIP FIRM
HAVING ITS OFFICE AT NO.303, PRIME HONEY DEW APARTMENTS
NEXT TO CHAYA HOSPITALS KASTHURI NAGAR, BANGALORE - 560 043
REPRESENTED BY ITS PARTNERS
1. MR. MANTENA PRAVEEN S/O SRI.PANDU RANGA RAJU
AGED ABOUT 46 YEARS,
2. MR. HARISHA.V S/O LATE VENKATESH REDDY
AGED ABOUT 43 YEARS Digitally signed by CHAITHRA A 3. MR. SANDEEP H.P Location: S/O PRAKASH H.A
HIGH AGED ABOUT 43 YEARS COURT OF KARNATAKA …PETITIONER
(BY SRI. RAJESH GOWDA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REP BY PRINCIPAL SECRETARY
STAMPS AND REGISTRATION
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NC: 2026:KHC:21145 WP No. 10861 of 2026
HC-KAR
DEPARTMENT, M.S BUILDING BANGALORE-560001
2. THE DISTRICT REGISTRAR &
REGISTRAR OF FIRMS STAMPS AND REGISTRATION DEPARTMENT
DEPUTY COMMISSIONER (REGISTRATION) AND DISTRICT REGISTRAR OFFICE
SHIVAJINAGAR -REGISTRATION DISTRICT
4TH FLOOR, MONARK CHAMBERS NO. 122/22, INFANTRY ROAD
BANGALORE-560 001.
…RESPONDENTS
(BY SMT. NAVYA SHEKAR, AGA)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DATED 17.03.2026 BEARING NO. DRO/SJN/FIRM/2025-26/2396 ISSUED BY THE R-2 VIDE ANNEXURE-A AND DIRECT THE R-2 TO RECORD THE RECONSTITUTION OF THE PETITIONER FIRM, BY ISSUING FORM-V, WITHOUT INSISTING THE SIGNATURE OF EXPELLED
PARTNER.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
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NC: 2026:KHC:21145 WP No. 10861 of 2026
HC-KAR
ORAL ORDER
The captioned petition is filed seeking writ in the
nature of certiorari to quash the endorsement dated 17.03.2026 and direct respondent No.2 to record reconstitution of petitioner/firm by issuing Form-V without
insisting the signature of expelled partner.
2. Heard learned counsel for the petitioners and
learned AGA. The short point that needs consideration is as to whether the impugned endorsement is sustainable in the light of order passed by the Coordinate Bench in an identical case where the Coordinate Bench held that Form- V can be filed without insisting the signature of the either
outgoing or expelled partner.
3. This Court therefore deems it fit to extract para
3 and 4 of the order. The same is extracted which read as
under:
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NC: 2026:KHC:21145 WP No. 10861 of 2026
HC-KAR
"3. Perusal of Form-V shows that it can be filed by incoming, continuing or outgoing partner.
4. In Jeevanlal it is held as follows:
"7. Section 63(1) of the Indian Partnership Act reads as follows:
"Section 63. Recording of changes in an dissolution of a firm.--(1) When a change occurs in the constitution of a registered firm any incoming, continuing or outgoing partner, and when a registered firm is dissolved any person who was a partner immediately before the dissolution, or the agent or any such partner or person specially authorised in this behalf, may give notice to the Registrar of such change or dissolution, specifying the date thereof; and the Registrar shall make a record of the notice in the entry relating to the firm in the Register of Firms, and shall file the notice alongwith the statement relating to the firm
filed under Section 59."
Thus Section 63(1) consists of two parts.
The first part of Section 63 relates to the retirement of some of the partners which results in reconstitution of the partnership firm and secondly in cases where retirement of partners results in dissolution of the partnership firm. It is made very clear in the said section that after retirement of some of the partners, if the partnership firm is reconstituted and it is continuing then the same has to be intimated by the incoming partners, continuing partners or outgoing partners or by any person who is specially authorised by them to the Registrar. It is only
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