- (1.) THIS is an application for a writ in the nature of mandamus directing the respondents Nos. 1 and 2 to forbear from allowing the respondent No. 3 to obtain a clearance of consignment of tea in the manner mentioned in paragraph 17 of the petition and for an injunction restraining the said respondents from allowing the respondent No. 3 to obtain clearance of consignment of tea from Bagdogra Tea Estate and Rungneet Tea Estate.
(2.) THE petitioner along with 3 other persons, namely, Maidhandas Agarwal (the respondent No. 3 herein), Ramanand Agarwal and Sm. Ganga Debi Agarwal carried on business in co-partnership under the name and style of Bagdogra Tea Estate the partners having certain shares specified in paragraph 3 of the petition.
(3.) THE petitioner's case is that since the inception of the partnership the AL-4 Farms and b-2 Bond required under the Central Excise and Salt Act, 1944, (hereinafter referred to as the Act) for the purpose of obtaining clearance of tea from the garden, were signed on behalf of the said partnership by all the said partners. It is alleged that out of the funds of the said partnership, another tea garden known as rungneet Tea Estate, was purchased by the said firm on April 25, 1963. It is also alleged that on May 14, 1965, the said Sm. Ganga Debi Agarwal addressed a letter, through her solicitor, to the petitioner and the other partners expressing her intention to dissolve the said partnership, with effect from May 20, 1965. A copy of this letter was forwarded to the respondent No. 1, who by his letter dated May 29, 1965, to all the partners of the said firm, after informing the said partners that he had received the solicitor's notice about the dissolution of the firm, called upon the partners to execute all documents for clearance of tea from the said two tea estates. This letter was followed by another letter dated June 1, 1965, whereby the respondent No. 1, informed the said four partners, that he had received a notice of dissolution from the solicitor of Sm. Gangs Debi Agarwal and called upon the said partners to apply afresh for amendment of AL-4 Licences for the tea estates under the joint signatures of the partners or their authorised representatives. The said partners were further informed that upon receipt of AL-4 applications signed by the partners jointly the respondent No. 1 would inform the said partners about the date and time for execution of the B-2 Bonds for the said tea estates jointly by all the partners or by their authorised representatives. In the last paragraph of the letter the respondent No. 1 requested the partners to inform him about the interest of the partners in the said two tea estates. This letter was not answered by any of the partners.;