Writ Petition
faiyaz
(Querist) 07 April 2010
This query is : Resolved
) A registered partnership firm at will has a 4 partners, 2 partners reside at Amritsar
and other 2 in Mumbai. Now one of the partner reside in Mumbai has dissolves the firm
by his dissolution notice sent to all partners. Now the two partners who reside
in Amritsar on the same day made a forged Deed stating that the other two partners
of the firm has withdrawn from the Firm by their public notice in two newspaper
and now the firm has only two partners. And they have also made a false entry
with the Registrar of firms with out showing the retirement deed and the Registrar
in connivance with them (without asking the retirement Deed or Dissolution Deed
remove the name of other two partners who resides in Mumbai). When the partners
of Mumbai came
to know the same they had filed a protest entry with the Registrar of Firm.
Now the question Shall I file a writ petition on Registrar of Firm ?
If yes then what is the time period for the verdict?
Raj Kumar Makkad
(Expert) 07 April 2010
You should first serve a notice to the registrar of firms and societies demanding therein to quash all proceedings initiated by it on misrepresentation by the partners of Amritsar and after 2 months should file a civil suit for declaration impleading all necessary parties including the registrar. The limit is 3 years from the date of knowledge of such fraud.
