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Judgment
Arindam Sinha, J
Mr. Chhatoi, learned advocate appears on behalf of petitioner and submits, added opposite party no.5 had obtained licence in form-C for operating established Saw Mill/Saw Pit. His client entered into partnership with said opposite party. His client approached the authority for change of name from proprietorship of opposite party no.5 to partnership and wanted issuance of notice/correspondence be addressed to his client as managing partner. He relies on memo dated 28th October, 2011, contents of which are reproduced below.
“In inviting a reference to the memo cited above on the captioned subject, I am to inform you that an application has been received from the CEC for change of proprietorship of M/S Shree Sarala Industries, Jagatsinghpur to Partnership with Mr. Narendra Kumar Samal as the Managing Partner and Sri Devram Patel as partner. Therefore, all correspondence will be made in the name of Mr. Narendra Kumar Samal as the Managing Partner.
This is for favour of kind information and necessary action.”
He submits, in spite of issuance of said memo, change of name is not been effected by the authority.
Mr. Mohapatra, learned advocate appears on behalf of added opposite party no.5, in whose name the licence stands. He submits, his client has no objection if there is change of name effected by the authority.
Mr. Panda, learned advocate, Additional Government Advocate appears on behalf of State and submits, this is a case of transfer of licence. It is not permissible. He refers to provisions in Orissa Saw Mill and Saw Pits (Control) Rules of 1993. Mr. Chhatoi responds this is just change in management of establishment, running the Saw Mill under the licence.
Opposite party no.4 will file counter by 21st June, 2022. Petitioner may file rejoinder by 27th June, 2022.
List on 29th June, 2022.
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