Calcutta High Court
M/S. P.K.Ghosh & Anr vs The State Of West Bengal & Anr on 25 August, 2010
Author: Indira Banerjee
Bench: Indira Banerjee
WP No. 120 of 2009
IN THE HIGH COURT AT CALCUTTA
ORIGINAL SIDE
M/S. P.K.GHOSH & ANR.
Versus
THE STATE OF WEST BENGAL & ANR.
For Petitioner : MR. MALAY BASU, SR. ADVOCATE
MR. D. CHAKRABORTY, ADVOCATE
MR. S. SAHA, ADVOCATE
For Respondent : MR. R.A. AGARWAL, ADVOCATE
MS. N. PAL, ADVOCATE MR. R. DHARA, ADVOCATE BEFORE:
The Hon'ble JUSTICE INDIRA BANERJEE Date : 25th August, 2010.
The Court : In this writ petition the petitioners have sought orders on the concerned respondents to renew the super Kerosene Oil Agency licence of the partnership firm M/s. P.K. Ghosh, under the provisions of the West Bengal Kerosene Control Order 1968.
The agency licence was originally granted to Prafulla Kumar Ghosh, since deceased, father of the Petitioner No.2 and the Respondent No.6 who carried on business as proprietor of M/s. P.K. Ghosh. After the death of Prafulla Kumar Ghosh, his wife Barsha Ghosh, Mother of the petitioner no.2 and the respondent no.6, carried on the agency business as sole proprietor.2
After the death of Barsha Ghosh a partnership firm under the name and style of M/s. P.K. Ghosh was constituted with the petitioner no.2 and the respondent no.6 as partners. The petitioner no.2 has 70% share in the partnership and the respondent no.6 has 30%. The respondent no.6 allegedly managed the partnership by reason of prolonged illness of the petitioner no.2. Disputes arose petitioner no.2 and the respondent no.6, being the partners of the partnership firm and the heirs of late Prafulla Kumar Ghosh and Late Barsha Ghosh who took recourse to allegations and counter allegations against each other. The agency licence has, therefore, not been renewed.
The Director of Consumer goods has recorded an order which is set out herein below:
"In her complaint, she has mentioned that there is strong suspicion of some illegal or malafide act on the part of her said brother (partner). She is unable to take the liability of such illegal and malafide acts.
Since one of the partner herself is admitting that illegal act is continuing in this Agency there is no need to issue any Showcause Notice to this Agency and the Agency Licence need not be renewed."
The heirs of the erstwhile proprietors, being the present partners have now resolved their differences.
The petitioner's and the respondent no.6 might make a representation to the Director of Consumer Goods for renewal of the agency licence. The representation shall be 3 considered and a decision with regard to renewal of the agency licence shall be taken in accordance with law within 45 working days from the date of communication of this order.
The writ application is disposed of. All parties are to act on a signed photostat copy of this order on the usual undertakings.
(INDIRA BANERJEE, J.) cs.