- (1.) This writ petition has been filed for quashing of the orders dated 5.3.2010, 8.9.2003, 7.1.2004 and 10.1.2004.
(2.) The petitioner happens to be the partner of M/s Dwarika Prasad Agarwal and Brothers (hereinafter referred to as 'the Firm') and he has all along opposed to the induction of Smt. Kishori Devi Agarwal, Smt. Hemlata Agarwal and Anil Kaushik. Initially the Firm was constituted on 10.4.1972, with four members, namely, Dwarika Prasad Agarwal, Bishamber Dayal Agarwal, Mahesh Prasad Agarwal and Ramesh Chandra Agarwal and the same was registered as " not the member of HUF" in Form-I on 15.11.1976. In the year 1983 Dwarika Prasad Agarwal suffered a major paralytic attack and fell seriously ill and thereafter in the year 1984 certain differences arose between Dwarika Prasad Agarwal, his brothers and his son. On 13.3.1985 an agreement was entered by means of which the business of the firm was transferred to M/s Writer & Publishers Private Limited, which was singed by the petitioner in lieu of certain amount. The said agreement was put to challenge in Civil Suit No.57A of 1987 by Late Bishamber Dayal Agarwal. On 25.11.1987 petitioner gave a notice for dissolution of the partnership under Section 43 of the Indian Partnership Act, 1932 (for short 'the Act'), whereupon M/s Writers & Publishers Private Limited through opposite party no.5 filed Civil Suit No.74-A before the Court of Additional District judge-I, Bhopal for declaration of title and perpetual injunction in favour of the aforesaid company. Thereafter, another Civil Suit bearing No.75-A of 1987 was filed before the court of Additional District Judge-I, Bhopal on 30.11.1987 by Ramesh Chandra Agarwal against all partners of firm for the dissolution of the Firm, Rendition of Accounts and appointment of Receiver. During the pendency of the aforesaid suits, writ petition was filed by Bishambhar Dayal Agarwal before the Jabalpur High Court, wherein a compromise was entered into between the opposite party no.5, Bishamber Dayal Agarwal and the petitioner along with their sons, namely, Kailash Agarwal, Sudhir Agarwal and Sanjay Agarwal on 29.6.1992 before the High Court at Jabalpur, pursuant to which all the pending suits were dismissed as withdrawn and consequently thereof Registrar Newspaper of India altered the name of the owner of title 'Dainik Bhaskar' in his register from the Firm M/s Dwarika Prasad Agarwal and Bothers to M/s Writers Publishers Limited, Bhopal vide order dated 3.9.1992. Thereafter, Dwarika Prasad Agarwal moved an application for recall of the order dated 29.6.1992 before the High Court at Jabalpur, which was dismissed on 13.11.1992. The aforesaid order was subjected to challenge before the apex Court by Dwarika Prasad Agarwal in Civil Appeal No.4782-83 of 1996 and by Bishambhar Dayal Agarwal Writ Petition No.527 of 1993. It is to be noted that during the pendency of the civil appeal before the apex Court Dwarika Prasad Agarwal died on 20.7.1993 and both the wives of Dwarika Prasad Agarwal, namely Smt. Kasturi Devi (first wife) and Smt. Kishori Devi (second wife) moved an application for substitution. The application moved by Smt. Kishori Devi was allowed and she was substituted in place of Dwarika Prasad Agarwal along with her daughters, namely, Hemlata and Anuradha and Smt. Kasturi Devi (first wife) was directed to be impleaded as respondent. The apex Court finally allowed the appeal vide judgment and order dated 7.7.2003 and relegated the parties to the original position i.e. before 29.6.1992. The petitioner thereafter moved a complaint on 17.7.2003 before the Registrar stating therein that reconstitution of the firm dated 2.3.1996 may be stayed forthwith and Form No-VII may be cancelled. The said complaint was transferred to the Deputy Registrar, Meerut who stayed the amendment dated 2.3.1996 vide order dated 19.7.2003. After coming to know about the said order, Smt. Hemlata Agarwal moved a complaint to call for the record before the Registrar and thereafter entire records were summoned by the Registrar and further proceedings were conducted by him. Smt. Hemlata Agarwal brought to the notice of the Registrar that the apex Court rendered the judgment on 7.7.2003, as such the said application was not maintainable. The Registrar thereafter passed an order on 8.9.2003 declaring the change in the partnership dated 2.3.1996 as void. Feeling aggrieved with the said order, Smt. Hemlata Agarwal preferred a review application, whereupon the order dated 8.9.2003 was stayed for one and a half month by the Registrar vide order dated 20.10.2003. Thereafter, the review application was finally dismissed vide order dated 7.1.2004 and while passing the said order, the Registrar further proceeded by passing the orders for initiation of action under Section 70 of the Act against Smt. Hemlata Agarwal and Smt. Kishori Devi amongst others. On 19.12.2003 opposite party no.5 filed a suit bearing no.298-A of 2003 in Bhopal for declaration and permanent injunction, in which an interim order was granted in his favour on 31.1.2004 and ultimately when steps were not taken despite repeated directions, the suit was dismissed in default for non-compliance of taking steps on 30.10.2006. In the meantime, Smt. Kishori Devi, opposite party no.4 has also preferred Writ Petition No.2996 (M/S) of 2004, Dwarika Prasad Agarwal and another v. Registrar, Firms, Societies and Chits Limited and others and in the said writ petition, the petitioner has been arrayed as opposite party. The petitioner has stated that on account of ill health and bona fide trust on opposite party no.5 during the period from 2003 to 2006, he has signed certain blank papers and given to opposite party no.5, which were obtained on the premise of requirement for filling before various authorities for the purposes of the Firm and the said signed blank papers have been misused by the opposite party no.5 for the purposes of instituting frivolous and false proceedings before opposite parties no.1, 2 and 3. It has also been stated by the petitioner that he does not remember that he had ever filed such a complaint against the heirs of Dwarika Prasad Agarwal. He was under the influence of Ramesh Chandra Agarwal as such he put his signature on the blank papers which have been used before the different judicial forums just to infringe the legitimate rights and interest of the heirs of Dwarika Prasad Agarwal, who have been contesting the litigations started by her late husband for the partnership firm. The petitioner tried his level best for pursuing family members for settling the dispute outside the Court as being elder member of the family and he also stated by way of an affidavit of remorse that the contesting heirs of Late Dwarika Prasad Agarwal would get substantial justice. Opposite party no.4, Smt. Kishori Devi Agarwal preferred Civil Suit bearing No.1663 of 2011 before the High Court at Delhi claiming declaration. It is to be noted that petitioner along with Smt. Kishori Devi and Smt. Hemlata Agarwal entered into a deed of assignment on 24.2.2010 and he has preferred this writ petition on 22.2.2012. The change of stand has been taken by the petitioner, therefore, this petition has been filed by him challenging the orders dated 5.3.2010, 8.9.2003, 7.1.2004 and 10.1.2004. It is from this stage, that the petitioner has changed his stand and joined hands with opposite party no.4 and started litigating against opposite party no.5, as such he moved the recall application. The impugned orders were passed and the change in the partnership firm dated 2.3.1996 was cancelled. Hence this petition.
(3.) Submission of learned counsel for the petitioner is that petitioner being elder member of the family, desires that there may be compromise between the parties, so that entire family may live in peace and so with that point of view, he came forward with a specific stand that he has not moved the application dated 17.7.2003, but in fact he has signed some blank papers between 2003-2006 on account of his ill health under bona fide trust in opposite party no.5 and those papers were misused by him by moving the said complaint dated 17.7.2003 and those papers were used before other judicial forums. It is also submitted that petitioner does not remember that he had filed any such complaint against the heirs of Dwarika Prasad Agarwal and as he has been under the influence of opposite party no.5, he put his signatures on blank papers. It is further submitted that wisdom has prevailed with the petitioner and he being the elder member of the family, does not want any further litigation and so he has proceeded to file this writ petition challenging the orders dated 5.3.2010, 8.9.2003, 7.1.2004 and 10.1.2004 though some of the said orders have been challenged in Writ Petition No.2996 (M/S) of 2004 by M/s Dwarika Prasad Agarwal through Smt. Kishore Devi, opposite party no.4. Submission is that once the petitioner has denied the moving of the compliant, which was the basis for passing of the orders, then the entire orders are liable to be quashed. Apart from it, all the legal points which have been raised in Writ Petition No.2996 (M/S) of 2004, have also been argued and adopted by counsel for the petitioner in this petition.;