Shri. Ashoka K.B. vs Registrar of Firms and M/s. Hotel Dwaraka

A.S. Bopanna, J.—The learned Government Pleader to accept notice for respondent No. 1 and file Memo of appearance in four weeks.

Considering the nature of disposal, notice to respondent No. 2 is unnecessary.

The petitioner is before this Court assailing the certificate of registration dated 08.08.2013, which is impugned at, Annexure ''F'' to the petition. The petitioner is also seeking for a mandamus to the 1st respondent to afford opportunity of being heard pursuant to the objections raised by him.

The case of the petitioner is that the father of the petitioner was a Partner in the Partnership business being run in the name and style of ''Hotel Dwaraka''. The Partnership was constituted under a deed dated 11.05.2006. The father of the petitioner is shown as 4th Parmer therein. Subsequent to his death the petitioner claims right to be included as one of the Partners to the said business. A reference is made to the document whereby the petitioner is seeking such right. But, the other Partners are ignoring his claim and are conferring the right on the mother of the petitioner. In that regard, the petitioner has already instituted a suit in O.S. No. 2906/2013 which is pending on the file of the City Civil Court, Bangalore. It is in that context, the petitioner had raised objections with the 1st respondent through a Communication dated 28.06.2013 (Annexure ''E'') with regard to the acceptance of the Registration of the Firm in the name of ''Hotel Dwaraka''. Since the 1st respondent without considering the objection of the petitioner has registered the firm the petitioner is before this Court.

The impugned Registration Certificate at Annexure ''F'' is made pursuant to the details filed with regard to the reconstituted Partnership Deed enclosed to Annexure ''F'' to the petition. In the said Partnership Deed, the name of the petitioner does not appear. With regard to the same the petitioner in any event has grievance and has already approached the appropriate forum in a properly constituted suit in O.S. No. 2906/2013. If at all the petitioner succeeds in the said suit, he would also become entitled to be one of the Partners of the Firm.

Therefore, the issue as to whether the petitioner should be considered as a Partner and in that circumstance whether the other partners were justified in entering into a document and seeking registration cannot be decided in the instant petition when there is disputed questions relating to the same. Therefore, even to consider as to whether the Registration as made by the 1st respondent is appropriate or not, the said relief cannot be granted in the instant petition. If at all the petitioner succeeds in the Civil Suit,, which he has filed, certainly all actions taken in that regard would yield to the decision therein and the directions that may be passed in the Civil suit. Therefore, leaving open all contentions including the challenge to the Registration to be raised by the petitioner in the appropriate proceedings, the petition stands disposed of.