Krishna Nago Choudhari and Ors. Vs the State of Mah and Ors.

Mr.S.P.Deshmukh,Adv.for petitioners. Mr.D.R.Korde,AGP for respondent-State. Mr.N.D.Sonawane h/f Shri V.D.Hon,Adv.for R.3. Shri A.K.Tiwari,Adv.for R.4.

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CORAM : NARESH H. PATIL & T.V.NALAWADE,JJ.

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DATE : 07/12/2011

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ORAL ORDER :

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1] Shri Deshmukh, the learned counsel for petitioners submits

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that the Registrar of Partnership Firms, Maharashtra State, had

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wrongly and illegally passed orders affecting the original partnership firm in which the petitioners were partners. The counsel submits that the application before the Registrar of Partnership Firms for initiating action for offences punishable under Sections 465 to 468, 471, 474 an 477 of I.P.C. has not been decided. The petitioners also prayed for cancellation of the order passed by the Registrar.

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2] Shri Sonawane, learned counsel for respondent no.3 submits that the petition suffers from serious latches as the Registrar passed the said order in the year 2004. There is no power with the Registrar to review its order for dissolution / modification / cancellation of the constitution of the firms.

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3] In the facts of the case, we find that the petitioners have to resort to alternate remedies as permissible in law. The issue raised by the petitioners involves investigation in the facts of the case, which cannot be addressed in exercise of extraordinary writ jurisdiction of this Court under Article 226 of the Constitution of

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India. Petition is dismissed.

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4] It is clarified that this Court has not expressed opinion on merits of any issues raised by the parties.

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(T.V.NALAWADE, J.) (NARESH H. PATIL,J.)

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umg/wp1616-10

Krishna Nago Choudhari and Ors. v. the State of Mah and Ors.

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Krishna Nago Choudhari and Ors. v. the State of Mah and Ors.

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