M/S Electro Light v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16800 of 2019 ====================================================== M/s Electro Light having and Place of business at Sandalpur Dargah Road, P.O. Mahendru, District- Patna- 800006, through the Managing Partner Sri Najmul Haque Hashmi, Resident of Sandalpur Dargah Road, P.O. Mahendru, District- Patna- 800006 ... ... Petitioner/s

Versus

1.

The State of Bihar through the I.G. Registration, Vikas Bhawan, Patna. 2.

The Assistant Inspector General Registration, Vikash Bhawan, Patna. 3.

Sri Sukumar Jha, Deputy Inspector General, Registration Department, Vikash Bhawan, Patna.

4.

Sri Kashi Kumar, Assistant, Registration Department, Vikash Bhawan, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Kumar For the Respondent/s :

Mr.Kumar Manish ( Sc5 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-12-2023 Heard learned counsel counsel for the petitioner company M/s Electro Light and learned counsel for the State.

2. This application has been filed on behalf of the petitioner seeking a direction to the respondent authorities to perform their statutory duty of recording registration under Section 59 of the Partnership Act, 1932 in view of full compliance of provisions of Section 58 of the Partnership Act.

3. Supplementary Counter Affidavit has been filed on behalf of respondent No. 1 and 4 and the statements made in Paragraph 6, 7 and 8 of the Supplementary Counter Affidavit are reproduced below:-

6. That it is further submitted that as per present system/procedure of the On-line Registration of Firm/Society, if an application is being rejected on some error/mistake, it is required that the petitioner shall re-apply and submit it on the Login Id of the

Patna High Court CWJC No.16800 of 2019(6) dt.21-12-2023 2/2 Department so that the grievance of the petitioner is redressed.

7. That it has been observed that the grounds for rejection of the application filed by the petitioner can be corrected. It is further submitted that the grievance of the petitioner shall be redressed positively within a week when the application is made in login Id of the Department by the petitioner.

8. That in this regard the Registration Department Govt. Bihar vide Letter No.- 781 dated 19.12.2023 has requested the petitioner for resubmitting his online application on the website of the Department as it is necessary to follow the procedures, pursuant to which further action shall be taken positively within a week.

4. In view of the statement made by the respondents in the supplementary Counter affidavit, this application is disposed of.

5. The petitioner will make a fresh online application and thereafter the authorities will register the partnership firm of the petitioner within a week from the date of receipt/communication of a copy of this order without raising any further objections, as has been raised earlier. (Sandeep Kumar, J) Vikas/- U