HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Civil Special Appeal (Writ) No. 544/2021

in

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.

----Appellant

Versus

1.

Registrar Of Firms Distrct Industries Centre, Moti Dungri

Road, Near Bhavani Top 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 Authorized Signatory

5.

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

Alwar- 301001 Through Its Authorized Signatory

----Respondents

For Appellant(s)

:

Mr. Ajay Kumar Gupta, Advocate with

Mr. Ayush Gupta, Advocate

HON'BLE MRS. JUSTICE SABINA

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

10/08/2021

Appellant has filed the appeal challenging the order

dated 9.4.2021 passed by the learned Single Judge, whereby, the

writ petition filed by the appellant was dismissed.

Learned counsel for the appellant has submitted that

the claim of the appellant was that incorrect entry made by the

Registrar after the death of partner Jagdish Prasad Agarwal was

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[SAW-544/2021]

liable to be corrected. So far as the suit for partition filed by the

appellant was concerned, the same relates to separate relief.

Appellant by filing the writ petition had sought the

following reliefs:-

“(a) Issue a writ or 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

14.2.2016;

(b) Issue a writ or 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 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 or mandamus or any other appropriate writ or order or

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 or 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;”

There is no dispute with regard to the fact that the

appellant, who is daughter of deceased partner Jagdish Prasad

Agarwal, has already filed suit for partition claiming rights as an

heir of Jagdish Prasad Agarwal. It is the case of the appellant that

the Registrar has made a wrong entry by treating partner Jagdish

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[SAW-544/2021]

Prasad Agarwal as retired on account of his death. However, as

per Section 64 of Indian Partnership Act, 1932, Registrar shall

have the power, at all times, to rectify any mistake in order to

bring the entry in the Register of Firms relating to any firm in

conformity with the documents relating to that firm filed by that

firm.

Thus, the Registrar can only rectify the mistakes which

have occurred relating to the firm, vis-à-vis, documents