Quality Catere And ANR v. Union Of India And ORS.

22-09-2025 Item No.23 Subrata Bhattacharyya AR(C) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side WPA No.19993 of 2025 Quality Caterer & Anr.

-vsUnion of India &Ors.

Mr. Abhrotosh Majumdar, sr. adv.

Mr. Arkadipta Sengupta, adv.

Mr. Tirthankar Dey, adv.

Mr. Kousheyo Roy, adv.

Ms. Ria Naskar, adv. ...for the petitioners Mr. Ashok Chakraborty, ASGI Mr. Sanajit Kumar Ghosh, adv.

Mr. Debjyoti Deb, adv.

Mr. Pradeep Kumar Kundu ...for Union of India 1.

It appears that the petitioners have averred in the writ petition that the petitioners are partners of an unregistered partnership firm under the name and style of Quality Caterer. Only one partner of the partnership represents the firm. The other partners of the partnership firm are not made parties in the instant writ petition.

2.

There is no resolution of the partners of the partnership firm permitting the petitioner no. 2 to move the instant writ petition on behalf of the partnership firm. There is also no disclosure of the other partners of the partnership firm in the instant writ petition.

3.

Learned Additional Solicitor General of India has raised an issue of maintainability of the writ petition at the instance of an unregistered partnership firm with only one of its partners.

4.

According to law, an unregistered partnership firm does not have the legal capacity to move any proceeding before any Court of law.

5.

The writ petition at the instance of an unregistered partnership firm cannot be entertained by the Court. It fails and is hereby dismissed.

6.

Attendance sheet dated September 4, 2025 and the minutes of the meeting dated September 4, 2025 placed by the Additional Solicitor General of India be taken on record.

7.

All parties are to act on the server copy of this order duly downloaded from the official website of this Court.

8.

Certified copy of this order, if applied for, shall be made available to the parties.

[Amrita Sinha, J]