TMI Blog2015 (12) TMI 1429X X X X Extracts X X X X X X X X Extracts X X X X ..... ed and their statements were recorded on 29.12.2014, 30.12.2014 and 9.1.2015. All the erstwhile partners, in their respective statements, have categorically stated that they are not aware of the reconstituted partnership deed dated 2.4.2012 and the signatures contained in the said reconstituted partnership deed and their resignation letters dated 31.3.2012 were forged. Hence, on the suspicion that their signatures were forged, the said partnership deed dated 2.4.2012, the resignation letters dated 31.3.2012 and the statements were sent to the Forensic Department for expert opinion. After analysis, the Forensic Department submitted a report dated 26.3.2015, opining that the signatures in question have been imitated and differ significantl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Custom House Agents Licensing Regulation 1984. Thereafter, permanent CHA licence was issued and the partnership firm had undergone various reconstitutions from time to time. On 1.1.1998 one K.Manuvel was inducted into the firm and thereafter, on 18.2.2000 all other partners, except the Petitioner and Manikandan, have retired from the firm. Thereafter, the partnership was reconstituted by inducting Suresh Kumar Sain, Pradeep Kumar Sain and Amit Manchanda and then, one more partner S.Balachandran. Thereafter, all the partners went out of the firm and finally the Managing Partner of the firm and her husband were running the firm as Partners. All the above said reconstitutions were duly informed to the Respondents, which was endorsed in the li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It is the bounden duty of the 1st Respondent to verify the documents submitted by the Petitioner, in order to take a decision under Regulation 9(2) of CBLR 2013. Statements were recorded from Srividhya Priya, S.Balachandran, Suresh Kumar Sain, P.Manikandan and Amit Manchanda and no statement was recorded from Pradeep Kumar Sain. A summon dated 30.12.2014 was issued to the Managing Partner of the Petitioner firm. On verification, the partnership deed dated 22.4.2012 and the resignation letters of Suresh Kumar Sain and Amit Manchanda were found to be forged documents and hence, it was concluded that the licence of the Petitioner did not merit renewal under the said Regulation 9(2), as there was misconduct by way of forgery by the Petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the outset, before adverting to the merits and demerits of the case, it is absolutely necessary to point out that while admitting this Writ Petition, after hearing both sides, since there was a partnership dispute raised by the Petitioner, it was directed to implead the partners as necessary parties, by order dated 21.5.2015. As per the said direction, MP.No.3 of 2015 was filed to implead the Respondents 3 to 6 therein as the Respondents 3 to 6 in the Writ Petitions has been filed. However, by the other learned Single Judge of this Court, by order dated 31.7.2015, the said impleading petition has been dismissed, as withdrawn, on the endorsement made by the learned counsel for the Petitioner. It is not known as to why the impleading petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n was intimated to the Department only on 22.4.2014. When the Petitioner applied for renewal on 8.9.2014, it was not processed by the Respondent Department on the grievance made by one of the erstwhile partners Suresh Kumar Sain. Thereafter, in order to find out the genuineness of the grievance and enquire into the matter, the erstwhile partners, P.Manikandan, Amit Manchanda, Suresh Kumar Sain, Pradeep Kumar Sain and Balachandran and the Manging Partner were summoned and their statements were recorded on 29.12.2014, 30.12.2014 and 9.1.2015. All the erstwhile partners, in their respective statements, have categorically stated that they are not aware of the reconstituted partnership deed dated 2.4.2012 and the signatures contained in the said ..... X X X X Extracts X X X X X X X X Extracts X X X X
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