Pandurang Balasaheb Kailewad v. The Assistant Registrar Parnership And Another

(Order) (1) Writ Petition No. 00534 of 2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Writ Petition No. 00534 of 2019 District : Aurangabad Pandurang s/o. Balasaheb Kailewad, Age : 34 years, Occupation : Business & Agriculture, .. Petitioner.

R/o. Guruprasad Nagar, Row House No.A-2, Beed Bypass, Kalindi Niwas, Aurangabad.

versus

1. Assistant Registrar (Partnership), Sidharth Arcade, Office No. 101, Railway Station Road, Aurangabad.

.. Respondents.

2. Registrar (Partnership), Register of Firm office, 6th Floor, New Administration Building, Govt. Colony, Near Chetna College, Bandra (E), Mumbai - 400 051.

...........

Mr. S.V. Natu, Advocate, holding for Mr. N.S. Shah, Advocate, for the petitioner.

Ms. R.P. Gour, Asst. Government Pleader, for respondents no.01 and 02.

...........

(Order) (2) Writ Petition No. 00534 of 2019 CORAM : PRASANNA B. VARALE & SMT. VIBHA KANKANWADI, JJ.

DATE : 28TH JANUARY 2019 ORAL ORDER [Per Prasanna B. Varale, J.] :

Heard learned Counsel for the petitioner. So also, heard learned Assistant Government Pleader for the respondents.

02.

As the grievance raised in the petition is limited one, we are of the opinion that the petition itself can be disposed of at admission stage. 03.

The petitioner is one of the partnership firm. By way of application dated 11-09-2018, the petitioner approached the competent authority raising a dispute about retirement of the petitioner from partnership firm. It may not be necessary for us to make reference to the contents of the application. Suffice it to say, the authority directed the petitioner to file proper application (dispute) which would facilitate the authority to take decision under the provisions of law. The petitioner then filed application (dispute) on 01st October 2018. Copy of the same is also placed on record at Exhibit "G". It is then submitted, that on this application (dispute), notices are also issued to the respondents in the dispute. It is the submission of the learned Counsel, that though notices were issued on 11-10-

(Order) (3) Writ Petition No. 00534 of 2019 2018, the authority is sitting tight over application (dispute) and there is no progress in the matter. Accordingly, it is prayed in the writ petition, that the respondents - authorities, namely respondents no.01 and 02, be directed to decide application (dispute) submitted by the petitioner. Learned Counsel for the petitioner, on the backdrop of this prayer, submits that the authorities be directed to decide the application (dispute) expeditiously. 04.

In the light of above, respondent no.01 - Assistant Registrar (Partnership) shall decide the applications (dispute) dated 11-09-2018 and 01-102018 made by the petitioner, as expeditiously as possible and preferably within 12 (twelve) weeks from the date of this order, if it is not already decided by the authority. Needless to state, that the applications (dispute) shall be decided on its own merits and in view of the relevant provisions of law. 05.

With the above directions, the writ petition is disposed of.

( Smt. Vibha Kankanwadi ) ( Prasanna B. Varale ) JUDGE JUDGE ...........

puranik / WP534.19