Short order dismissing a writ petition challenging recovery of electricity dues. The court rejected the argument that the petitioner, though holding 10% share, was liable only for that proportion, holding him jointly and severally liable.
Writ petition is dismissed. Petitioner cannot avoid joint and several liability for firm's dues.
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Court No. - 29
Case :- WRIT - C No. - 33098 of 2019
Petitioner :- Mohd. Mustafa Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Tripathi,Chandan Agarwal Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Vivek Agarwal,J.
Heard Sri Rajesh Kumar Tripathi learned counsel for the petitioner and Sri Chandan Agarwal, learned counsel for the respondent No.4.
The petitioner has preferred this writ petition so as to challenge the recovery citation dated 14.08.2019 whereby a sum of Rs.11,61,99,185/- plus others are being sought to be recovered from him as arrears of electricity dues.
The argument of learned counsel for the petitioner is that he is having only 10% of share in M/s Jaychanda Ispat Pvt. Ltd. and therefore, the respondents can only recover 10% of the aforesaid dues and the remaining has to be recovered from the other partners.
The argument is totally fallacious and is not acceptable as admittedly the petitioner is a partner in the aforesaid firm.
Accordingly, he is jointly and severely liable for all dues of the said firm and in case he has any grievance, he may initiate legal proceedings against the other partners if so advised but he cannot avoid the liability to clear the above dues.
The Writ Petition is devoid of merit and is dismissed .
Order Date :- 21.10.2019 piyush
1 issue framed by the court
Whether a petitioner holding a 10% share in a firm is liable for the full amount of electricity dues or only his proportional share.
Mohd. Mustafa
State Of U.P.
Pankaj Mithal
Vivek Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
