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Civil Appeal Nos. 4777-78 of 1996 arise out of the judgment and order dated 29.6.1991 passed by the Gwalior Bench of the Madhya Pradesh High Court arising out of Misc. Appeal Nos. 60-61 of 1988. Factual matrix of the matter, shortly stated is as under:

Ramesh Chander Agarwal s/o late Dwarka Prasad Agarwal, a partner of M/s Dwarka Prasad Agarwal and Brothers allegedly upon taking advantage of his father's ill-health made an attempt to create a lease in relation to the right to publish Dainik Bhaskar from Bhopal. According to late Dwarka Prasad Agarwal, to the best of his knowledge, he did not sign the said document dated 13.4.1984 and in any event the same was meant to be applicable only for Bhopal and not for any other place. On 13.4.1985, a partition/family settlement deed was prepared wherein late Dwarka Prasad Agarwal was not a signatory. Allegedly, Bishambhar Dayal also did not agree to the said settlement and did not sign the said purported deed of family settlement.
Ms. Hemlata Agarwal, eldest daughter of late Dwarka Prasad Agarwal through his second wife, was made a Joint Managing Director of Bhaskar Publications and Allied Industries. Ramesh Chander Agarwal being intrigued thereby tried to increase the equity shares of the company to such an extent that he gets majority in the equity shares purported to be in total disregard and violation of the provisions of the Companies Act, 1956. The said respondent also took alleged forcible possession of the Printing Press on 3.7.1987 which had been leased out by M/s Dwarka Prasad Agarwal and Brothers (the Firm) to M/s Bhaskar Publications and Allied Industries Private Limited. Allegedly, late Dwarka Prasad Agarwal and his two daughters were also physically assaulted by the first respondent leading to initiation of a proceeding under Section 145 of the Code of Criminal Procedure. In the said proceedings, the Executive Magistrate directed the police to open the locks put in the premises of the printing press in presence of both the parties. However, late Dwarka Prasad Agarwal was not permitted to run the said printing press.

Thereafter, Ramesh Chander Agarwal filed a declaration before the District Magistrate, Jabalpur, wherein he allegedly accepted the partnership of M/s Dwarka Prasad Agarwal and others as owners of the newspaper Dainik Bhaskar. In terms of the provisions of Section 5 of the Press and Registration of Books Act read with the rules framed thereunder, declarations are required to be filed by the owner as also the printer(s) and publisher(s) thereof. Six declarations were filed; three each by Respondent No.2 on the purported authority of late Dwarka Prasad Agarwal and three by the Respondent No.1. Objections to the said declarations were filed by late Dwarka Prasad Agarwal before the appropriate authority. By an order dated 6.6.1988, the District Magistrate, Gwalior, in exercise of his power under Section 8-B of the Act cancelled the said declarations dated 11.3.1985 filed by Respondent No.1. He preferred an appeal thereagainst before the Press and Registration Appellate Board, but the same was ultimately withdrawn.

He in the meanwhile filed a writ petition before the High Court for stay of the proceedings before the District Magistrate. Although an order of stay was passed therein but before the same could be communicated the aforementioned order dated 6.6.1988 was passed. Ramesh Chander Agarwal, Respondent No.1, then filed another writ petition against the said order dated 6.6.1988 before the High Court but the same was withdrawn on the ground that he had in the meanwhile availed alternative remedy of filing an appeal against the same order. During the pendency of the said appeal before the Board, yet another writ petition was filed by the first respondent marked as Writ Petition No.798 of 1988 praying therein for quashing of the order dated 6.6.1988 whereby the declarations were directed to be filed. The said appeals filed by Ramesh Chandra Agarwal were dismissed by the Appellate Board on 29.5.1991 holding as under :