D. Datta, J. - (1.) The two petitioners herein are sons of late B.P. Chakraborty. They have been carrying on business from a static unit (tea stall) installed on the platform of Andul Railway Station. In this petition, they have complained of arbitrary enhancement of license fees by the respondents 3 and 5.
(2.) Mr. Chatterjee, learned senior advocate representing the said respondents raised a preliminary objection in respect of maintainability of the writ petition. According to him, though the petitioners have described themselves as proprietors of the proprietorship firm "M/s. B.P. Chakraborty & Sons", in reality they are partners and carrying on business in partnership. The dispute in respect of enhancement of licence fees arises from a contract between the parties and unless the firm of which the petitioners are partners is registered in terms of provisions contained in The Indian Partnership Act, 1932 (hereafter the Act), a writ petition being a proceeding in a Court of law would be barred having regard to the provisions of Sec. 69 thereof. He relied on the decision in Jagdish Chandra Gupta v/s. Kajaria Traders (India) Ltd. reported in : AIR 1964 SC 1882, to contend that the words "other proceeding" following "a claim of set off" in Sec. 69(3) of the Act must receive their full meaning untrammeled by the preceding words and that the words "a claim of set off" is neither intended nor can be construed to cut down the generality of the words "other proceeding".
(3.) He, accordingly, prayed for dismissal of the writ petition.;