OM GURU TRADERS GAUAJALI BICHALI v. UTTARAKHAND FOREST DEVELOPMENT CORPORATION
WPMB/19/2025 · 2025-02-13
Ashish Naithani, G Narendar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 1786 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 1786 (UTT) · dailylaw.ai ]
Judgment text
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SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures
2025:UHC:853-DB COURT’S OR JUDGES’S ORDERS
13.02.2025
WPMB No. 19 of 2025 Hon'ble G. Narendar, C.J. Hon’ble Ashish Naithani, J.
Heard Mr. Aditya Singh, learned counsel for the petitioners, Mr. V.K. Kaparuwan, learned counsel for respondent no.1, and Mr. Shobhit Saharia with Mr. Saurabh Kumar Pandey, learned counsels for respondent no.2.
2. The case of the petitioner is that the petitioner along with the 2nd respondent had constituted a partnership firm in the name of petitioner; that initially, the firm was a proprietary concern, subsequently, it came to be constituted as a firm; that six partners were inducted, and different percentage of shares were allocated. That one of the partners, i.e. respondent no.2, is alleged to have sent a notice of resignation. That thereafter, it is alleged that he has bid for tender with respondent no.1- Corporation in the name of the partnership firm, and has been successful, and awarded the tender; that the petitioner’s firm submitted representations/ complaints to respondent no.1, and sought for action against respondent no.2, who it is claimed, has illegally misused the name of the firm, though, he has retired from the partnership.
3. Per contra, learned counsel for respondent no.2 would submit that the partnership deed is not even
notarized, much less, is unregistered.
4. The above facts disclose that the dispute is an inter se dispute between private parties. In that view, we are of the opinion that this Court, in exercise of the powers under Article 226 of the Constitution of India, cannot traverse upon, and adjudicate private disputes.
5. In that view, we deem it appropriate to dispose of the writ petition with a direction to respondent no.1- Corporation to consider and dispose of the representations/ complaints dated 30.12.2024 and 18.01.2025, as expeditiously as possible at any rate within outer limit of two weeks from the date of receipt of a copy of this order. It is needless to say that all the above facts will be gone into while considering the representations/ complaints by the 1st respondent.
6. Ordered accordingly.
7. There shall be no order as to costs.
8. Pending application, if any, also stands disposed of.
(Ashish Naithani, J)
(G. Narendar, CJ) 13.02.2025 13.02.2025 NISHANT