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[CW-4560/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 4560/2021

Usha Singhal W/o Anil Singhal, Aged About 55 Years, R/o A-

1/231, Janakpuri, New Delhi-110058.

----Petitioner

Versus

1.

Registrar Of Firms, District Industries Centre, Moti

Dungri Road, Near Bhavani Tope Circle, Alwar-301002.

2.

District Industries Centre, Udyog Bhavan, Tilak Marg,

Jaipur-302005.

3.

Bank Of Baroda, Branch Office- Manu Marg, Alwar-

301001.

4.

M/s Jagdish Prasad Agarwal, 13, Alkapuri, Alwar-

301001 Through Its Authorised Signatory.

5.

M/s Vijay Automobiles, 19, Station Road, Naru Marg,

Alwar-301001 Through Its Authorised Signatory.

----Respondents

For Petitioner(s)

:

Mr. Ayush Gupta

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

09/04/2021

1.

The petitioner by way of this writ petition has prayed as

under:-

a)

Issue a writ of mandamus or any other

appropriate writ or order or direction to the

Respondent No.1 and 2 to take appropriate

action to mark an entry of dispute in the

Register of Firms against the entry of

reconstitution of the two Partnership Firms,

M/s Jagdish Prasad Agarwal and M/s Vijay

Automobiles updated by the Respondent No.1

on 14.02.2016;

b)

Issue a writ of mandamus or any other

appropriate writ or order or direction to the

Respondent No.1 and 2 to conduct necessary

inquiry and investigation into the dissolution of

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[CW-4560/2021]

the two Partnership Firms, M/s Jagdish Prasad

Agarwal and M/s Vijay Automobiles and take

appropriate action to rectify the Register of

Firms under Section 64 of the Indian

Partnership Act, 1932 and action against

surviving partners of the two Partnership

Firms, M/s Jagdish Prasad Agarwal and M/s

Vijay Automobiles under Section 70 of the

Indian Partnership act, 1932;

c)

Issue a writ of mandamus or any other

appropriate writ or order or direction directing

the Bank of Baroda to restore the term deposit

accounts of M/s Jagdish Prasad Agarwal worth

Rs.1,36,12,527/- illegally encashed by the

Respondent No.3 bank within a short period of

3 months from 11.06.2018 to 14.08.2018 and

on 02.12.2019 from the date of encashment;

d)

Issue a writ of mandamus or any other

appropriate writ or order or direction Bank of

Baroda to submit a status report on the steps

taken by it qua the fraudulent and illegal

encashment from the term deposit accounts of

M/s

Jagdish

Prasad

Agarwal

worth

Rs.1,36,12,527/- illegally encashed by the

Respondent No.3 bank within a short period of

3 months from 11.06.2018 to 14.08.2018 and

on 02.12.2019;

2.

Admittedly, the petitioner has filed the civil suit for

seeking partition relating to the claim of the rights as an heir

to one with Jagdish Prasad Agarwal, who has expired and was

a partner of the firms M/s Jagdish Prasad Agarwal and M/s

Vijay Automobiles.

3.

The contention of the petitioner is that although, the

partnership firms namely M/s Jagdish Prasad Agarwal and M/s

Vijay Automobiles, after the death of one of the partners,

were required to be dissolved and the assets were required to

be distributed between the concerned partners. However, the

Registrar has wrongly reconstituted the firms and entered

names of other partners.

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4.

Learned counsel submits that in spite of the

representation made, no action has been taken.

5.

I have considered the submission.

6.

The provisions of Section 64(1) and (2) of the Indian

Partnership Act, 1932 read as under:-

“64. Rectification of mistakes-(1) The

Registrar shall have power at all times to rectify

any mistake in order to bring the entry in the

Register of Firms relating to any firm into

conformity with the documents relating to that

firm filed under Chapter.

(2) On application made by all the parties who

have signed any document relating to a firm

filed under this Chapter, the