TYPE TOOLS CORPORATION v. REGISTRAR OF FIRMS, BANGALORE
1988-08-17
S.G.DODDAKALE GOWDA
body1988
DigiLaw.ai
DODDAKALE GOWDA, J. ( 1 ) RULE. APPLICATION filed in Form No V to register the names of partners of re-constituted partnership firm has been returned -vide Endorsement, dated 20-10-1986. The petitioner has challenged the validity of the endorsement including the rule which empowered the Authority to reject the application. ( 2 ) STATE Government has framed rules known as The Mysore Partnership xregistration of Firms) Rules, 1954 (hereinafter referred to as the 'rules' ). Rule 4 which is relevant for the purpose of this case reads thus : -"4. Forms of intimation and notices under Sections 61. 62 and 63.- (1) Intimation and notices under sections 61, 62 and 63 (1) and 62 (2) of the Act, shall respectively be in Forms iii, IV, V and VI annexed to these rules with such variations as circumstances may require. (2) Every statement, intimation or notice relating to a firm, under Sections 60, 61, 62, 63 (1) or 63 (2) of the Act, shall be sent or given to the Registrar together with the prescribed fee within fifteen days from the date of occurrence of the event referred to in such statement, intimation or notice. " ( 3 ) THE petitioner-firm was reconstituted on 17-10-1985. Form No. VA is filed on 16-10-1986 nearly an year later. The Registrar of Firms is under an impression that the period of fifteen days prescribed in sub-rule (2) of Rule 4 is mandatory and in case, no application is filed within fifteen days from the date of reconstitution, same is liable to be dismissed. As per section 69 of the Partnership act, unless the firm is registered with the registrar of Firms/or the name of person representing the firm is entered in the register of firms, no suit can be filed as against any third party. In order to protect the interest of the re-constituted firm, the rule making authority has thought it fit to fix a reasonable time within which an application may be filed under Form no. VA. Assuming that the stipulation within which the application should be filed for making an entry of partners of reconstituted firm in the Register of Firms is mandatory and not directory unless there is a specific power for dismissal or which entitles dismissal, the intimation sent as per impugned endorsement which tantamounts to refusal is illegal and without jurisdiction.
VA. Assuming that the stipulation within which the application should be filed for making an entry of partners of reconstituted firm in the Register of Firms is mandatory and not directory unless there is a specific power for dismissal or which entitles dismissal, the intimation sent as per impugned endorsement which tantamounts to refusal is illegal and without jurisdiction. ( 4 ) FOR the reasons stated above. writ petition succeeds. impugned endorsement, Annexure-C, is hereby quashed. A writ in the nature of mandamus shall be issued directing first respondent to entertain Form V, if re-presented within 15 days from to-day and register the same, if otherwise is in accordance with law. Rule made absolute. Writ Petition Allowed. --- *** --- .