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2016 (4) TMI 286 - HC - Indian LawsWhether “Ramanjot Singh Dhuri & Company” and “Ramanjot Singh & Company Dhuri” is the one and same firm or different entities - The petitioner is doing business under the name and style of “M/s Ramanjot Singh and Company Dhuri” and a partnership deed was executed in which the petitioner and private respondents are partners and the name and style of partnership business is mentioned as “M/s Ramanjot Singh Dhuri & Company” - Held that:- petitioner had moved application, which is signed by petitioner Ramanjot Singh alone, however, over it three photographs have been annexed which do not bear the signatures of anyone. The photographs have been annexed to indicate that photos of three persons on application means that they are applicants in the application. There is no photo of Ramanjot Singh on the application, only photos are of three persons. On the application signature is only of Ramanjot Singh. Mere affixing photos on the application of three persons do not make them applicants and partners of the applicant. Even on those photos there are no cross signatures nor their names have been mentioned. There is no explanation as to why the photo of actual applicant i.e. Ramanjot Singh has not been annexed. The learned counsel for the respondents failed to explain the purpose of such photos when they have not signed the application. By affixing photos on the application, an attempt appears to have been made to project them as applicants. The said application was given on 23.03.2015 and the partnership deed is of 01.04.2015 meaning thereby there was no partnership existing between the petitioner and private respondents and the licenses have been issued only in pursuance of the application dated 23.03.2015 and the fee was also deposited under the same name and the Income Tax Department account number is also issued in the name of Ramanjot Singh & Company, Respondent No.4 who has been impleaded by name has partnership deed executed between the petitioner and private respondents and the name and style of the partnership firm has been mentioned as “M/s Ramanjot Singh Dhuri & Company” and it apparently appears to be altogether different entity as the applicant is “M/s Ramanjot Singh & Company Dhuri” not “M/s Ramanjot Singh Dhuri & Company”. Whether respondent No.4 could issue a letter to the Senior Superintendent of Police for restraining the petitioner from carrying out its business on the application of private respondents and under what authority he is proceeding to issue such a letter/notice - Held that:- there is no relationship between the Punjab Excise Department and the private respondents. The relationship of the Punjab Excise Department is with “M/s Ramanjot Singh & Company” through Ramanjot Singh sole proprietor. Respondent No.4 in connivance with the private respondents has issued impugned letter to Senior Superintendent of Police for extraneous reasons without any justification against all the settled principles of law and liability which is not sustainable in the eyes of law. The action of respondent No.4 and other officials in supporting the private respondents is against the law and is not sustainable. - Decided in favour of petitioner
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