Court No. - 3
Case :- WRIT TAX No. - 850 of 2021 Petitioner :- M/S Super System Respondent :- State Of U.P. Through Principal Secretary, Excise Department And 2 Others Counsel for Petitioner :- V.S. Singh,Virendra Kumar Jaiswal Counsel for Respondent :- C.S.C.
Hon'ble Naheed Ara Moonis,J. Hon'ble Saumitra Dayal Singh,J.
Learned Standing Counsel has supplied a copy of written instructions. The same is taken on record.
Heard Shri V.S. Singh along with Shri V.K. Jaiswal, learned counsel for the petitioner and Shri B.P.Singh Kachhawah, learned Standing Counsel for the State.
Present petition has been filed seeking writ of mandamus to respondent no. 2 to decide the petitioner's application dated 07.08.2021. That application has been filed before the District Excise Officer to allow the petitioner M/s Super System, to continue to run the excise license awarded to that partnership firm.
Relevant to the relief sought, it is an admitted position that the aforesaid partnership was constituted by six partners namely Salil Bhadauria, Rohini Bhadauria, Saroj Bhadauria, Manoj Mishra, Sadhana Mishra and Chhavi Nath Singh Bhadauria. One of them, Manoj Mishra (fourth party) expired on 25.04.2021.
In absence of any contrary clause shown to be existing in the partnership thus formed between the parties (dated 01.04.2021), by operation of law arising from Section 42(c) of The Indian Partnership Act, 1932, the said partnership stands dissolved. There is no legal basis for continuance of the license in the name of the partnership firm.
The representation/claim filed by the petitioner is wholly misconceived. Accordingly, no writ of mandamus may be issued to adjudicate such a misconceived claim.
Writ petition lacks merit and is, accordingly, dismissed.
Order Date :- 7.10.2021 Saurabh