SATYA PRAKASH S/O SH.BANARASI DAS Vs. ANIL KUMAR JAIN S/O HEMRAJ JAIN
LAWS(RAJ)-2018-2-87
HIGH COURT OF RAJASTHAN (AT: JODHPUR)
Decided on February 16,2018

Satya Prakash S/O Sh.Banarasi Das Appellant
VERSUS
Anil Kumar Jain S/O Hemraj Jain Respondents

JUDGEMENT

- (1.) This writ petition under Article 226 /227 of the Constitution of India has been preferred claiming the following reliefs: "A/ By an appropriate writ, order or direction, the order dated 11.05.2016 passed by the learned Additional Sessions Judge, Srikaranpur, District Sriganganagar in Civil Case No.06/2015 (Annex.P/6) may kindly be quashed and set aside. B/ By an appropriate writ, order or direction, the prayers made in the application under Order 39 Rules 1 and 2 of CPC may kindly be rejected. C/ Any other appropriate writ, order or direction, which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. D/ Writ petition filed by the petitioner may kindly be allowed with costs."
(2.) Brief facts of this case, as noticed by this Court, are that the Firm was registered at Registrar of Firms, Ganganagar with the name "Jain Industries" in the year 1993. There were six partners, namely, Shri Anil Kumar, Shri Shital Prakash, Shri Jineshwar, Smt.Godawari Devi, Shri Vijay Kumar and Shri Bhojraj Jain, in the Firm at the time of its formation.
(3.) The three partners, namely, Smt.Godavari Devi, Shri Bhojraj Jain and Shri Vijay Kumar retired from the partnership Firm in the year 1995. On 01.04.2003, the sole respondent herein, namely, Shri Anil Jain retired from the said Firm and a new partnership deed was executed between Shri Shital Prakash and Shri Jineshwar on 01.04.2003. Thereafter, Shri Jineshwar also retired from the Firm on 02.07.2012 and the petitioner was introduced as a new partner in the Firm.;


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