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Madras High CourtWP(MD)/2868/2024disposed of

M/S. 5 Number Beedi Factory v. The Registrar Of Firms

2024-11-18Honourable Mr Justice G.K. Ilanthiraiyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.11.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M/s.5 Number Beedi Factory, Rep. by its Managing Director, Mr.V.T.S.A.Abdul Hameed

...Petitioner

-Vs1.The Registrar of Firms, Palayamkottai District Registrar's Office, Kokkirakulam, Tirunelveli - 627 009.

2.Abdul Althaf 3.Jahan Begum 4.Shiffaya Sanofer 5.Ummusalmal Beevi 6.Zainab Ayub 7.Nusra Nihara 8.Naurin Salma

...Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the 1st respondent in Na.Ka.No. 7566/A3/2023 dated 18.01.2024 and quash the same and consequently direct the 1st respondent to create and furnish an user name and password for enabling e-filing of Form II-A and Form V of the petitioner by considering the petitioner's representations dated 21.08.2023 and 03.11.2023 within a time as stipulated by this Court.

For Petitioner : Mr.J.Hariharan Alias Harish for M/s.KV Law Firm For Respondents : Mr.S.Vidhyasagar for RR5 to 7 Mr.A.Ansar for RR2 to 4 Mr.S.P.Maharajan Special Government Pleader for R1

ORDER

This writ petition has been filed for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the 1st respondent in Na.Ka.No.7566/A3/2023 dated 18.01.2024 and quash the same and consequently direct the fist respondent to create and furnish an user name and password for enabling e-filing of Form II-A and Form V of the petitioner by considering the petitioner's representations dated 21.08.2023 and 03.11.2023.

2.While pending writ petition, the petitioner was provided with user name and password for renewal of his partnership firm by the first respondent. On receipt of the same, the petitioner submitted a Form II-A and Form V for renewal of his partnership firm and it is pending. However, the respondents 2 to 8 are being legal heirs of the deceased and one of the partners of the petitioner's

firm have grievances for renewal of his partnership firm. Therefore, the first respondent is directed to issue notice to the petitioner as well as to the respondents 2 to 8 and conduct the enquiry after giving opportunity of hearing and pass orders on the request made by the petitioner for renewal of his partnership firm within a period of twelve weeks from the date of receipt of a copy of this order.

3.With the above said observations, this writ petition stands disposed of. No costs.

18.11.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR To The Registrar of Firms, Palayamkottai District Registrar's Office, Kokkirakulam, Tirunelveli - 627 009.

G.K.ILANTHIRAIYAN. J, RJR 18.11.2024