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2025 DAILYLAW 19364 (ALL)

SURENDRE KUMAR AGRAWAL v. DEPUTY REGISTRAR AND ANOTHER

WRIC/4718/2025 · 2025-02-17

Ashwani Kumar Mishra, Vipin Chandra Dixit

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:23160-DB Court No. - 29 Case :- WRIT - C No. - 4718 of 2025 Petitioner :- Surendre Kumar Agrawal Respondent :- Deputy Registrar And Another Counsel for Petitioner :- Prateek Kumar Counsel for Respondent :- C.S.C. AND Case :- WRIT - C No. - 4725 of 2025 Petitioner :- Surendra Kumar Agrawal Respondent :- Deputy Registrar And Another Counsel for Petitioner :- Prateek Kumar Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vipin Chandra Dixit,J. Both the petitions are in respect of the same partnership firm of which petitioner wants cancellation of registration. In one of the petitions, the Registrar has already held that there is private dispute between the partners and that Registrar has no jurisdiction to adjudicate such issues or cancel the registration. In other petition, the prayer is for a direction to be issued to the Registrar to consider the application filed for cancellation of registration. Petitioner has prayed for a direction to be issued to the concerned Registrar for cancelling the registration of the partnership firm in the name of M/s R.H. Cold Storage. According to petitioner, the firm was registered pursuant to a partnership agreement which has since been dissolved by the petitioner. It is also submitted that certain persons have reconstituted the firm relying upon certain manipulated documents. We find force in the objection of the State Counsel that there is a private dispute between the partners in respect of the affairs of the partnership firm. The partners with whom there is a dispute have not been arrayed as a party respondent. In such circumstances, we are not inclined to issue any direction in the present writ petitions to the Registrar to consider the petitioner's prayer for cancellation of the registration. The dispute between the parties can always be got resolved by the competent civil court. Leaving it open for the petitioner to get the dispute amongst partners resolved in appropriate proceedings, the petitions are consigned to records. Order Date :- 18.2.2025 LN Tripathi Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad