A Division Bench of the Delhi High Court allowed the writ petition and quashed the order of the Government dated 3rd December, 1965 and directed the appellants, who were respondents in the writ petition.
Appeal by Special Leave from the Judgment Order dated the 16th November, 1971 of the Delhi High Court in C.W. No.
The petitioners case was that his actual production was the same as before the dissolution as the installed capacity of the factory was double that of actual capacity and production, that in the division of the machinery and assets of the partnership the half given to the petitioner was for his level of production and only the other half companysisting of the spare and the unutilised capacity of the machinery and stock were given to Mehta and he was, therefore, entitled to get import licences after the dissolution as before it.
to companysider the claim of the respondent who will hereafter be called the petitioner on the basis of its own production and number on the basis that the production of M s. Exen Industries was divided between the petitioner and Shri Mehta in December 1963.
N. Sinha Solicitor General of India and Girish Chandra,for the appellants.
The Judgment of the Court was delivered by, Alagiriswami, J. formed a partnership under the name of Exen Industries and were manufacturing fountain pens.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Thereupon the respondent firm filed a writ petition out of which this appeal arises.
Mehta started another business also of manufacturing fountain pens urder the name of Premier Products.
In December 1963 the partnership was dissolved and Vora took in another partner and companytinued the industry under the original name of Exen Industries.
1612 of 1972.
L. Sanghi, Praveen Kumar and B. R. Agarwal, for the respondent.
Thereafter the respondent firms new Exen Industries applied for import licences for necessary raw materials and were granted 50 per cent of what the original Exen Industries were getting.
25 D of 1966.
Under the deed of dissolution of partnership all the machineries and other assets were equally divided between the two partners and Vora was also given the benefit of all the existing import licences as well as applications for import licences then pending.
