w w w . L a w y e r S e r v i c e s . i n



NT Agro Food Products & Others v/s State of West Bengal & Others


Company & Directors' Information:- B. P. FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15311MP1994PTC032994

Company & Directors' Information:- G H AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15143PB1996PTC018159

Company & Directors' Information:- S P P FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15412DL2004PTC128666

Company & Directors' Information:- S A AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01403WB2013PTC195653

Company & Directors' Information:- B. D. AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01400WB2009PTC136319

Company & Directors' Information:- D A P AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01403WB2011PTC157956

Company & Directors' Information:- B. K. AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U70101WB1990PTC049682

Company & Directors' Information:- S V M A AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15142TZ2003PTC010834

Company & Directors' Information:- K P M AGRO FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15400KL2011PTC029050

Company & Directors' Information:- J S FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15314OR1991PTC002964

Company & Directors' Information:- K E AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15314KL2002PTC015782

Company & Directors' Information:- H R B FOOD PRODUCTS PVT LTD [Active] CIN = U15146WB1988PTC045281

Company & Directors' Information:- AGRO (INDIA) PRODUCTS PRIVATE LIMITED [Active] CIN = U01500DL2013PTC250521

Company & Directors' Information:- W B AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15400KA2014PTC073123

Company & Directors' Information:- V D FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15400DL2012PTC231717

Company & Directors' Information:- D M AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC066893

Company & Directors' Information:- D N AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15314UR2005PTC032824

Company & Directors' Information:- P R FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC030483

Company & Directors' Information:- S S FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15310MH2003PTC142530

Company & Directors' Information:- B K FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15312OR1996PTC004541

Company & Directors' Information:- O H P FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U52205DL1999PTC100269

Company & Directors' Information:- K V FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15122DL2007PTC162739

Company & Directors' Information:- N K AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15490PB2010PTC034534

Company & Directors' Information:- K. C. FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15431JK1982PTC000554

Company & Directors' Information:- K I C FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15316DL1979PTC009757

Company & Directors' Information:- R B FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15313DL2010PTC202753

Company & Directors' Information:- R K B FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15490KL2013PTC033500

Company & Directors' Information:- INDIA AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01300TZ1991PTC003161

Company & Directors' Information:- S B R AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01120TN2008PTC070170

Company & Directors' Information:- S K G FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15419UP1991PTC013771

Company & Directors' Information:- B H FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15134DL1997PTC084273

Company & Directors' Information:- B S AGRO PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U29246WB1995PTC073119

Company & Directors' Information:- N S FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15412WB1992PTC055591

Company & Directors' Information:- BENGAL FOOD & AGRO LTD. [Strike Off] CIN = U15499WB1995PLC068116

Company & Directors' Information:- H N FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15146UP1990PTC011540

Company & Directors' Information:- V K FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15412UP1988PTC010023

Company & Directors' Information:- S C P AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15400WB2010PTC154344

Company & Directors' Information:- B B AGRO PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U01111WB1999PTC089962

Company & Directors' Information:- B. R. AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U74999MP2020PTC052151

Company & Directors' Information:- J. M AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01122UP2007PTC032828

Company & Directors' Information:- P M AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01100MP2010PTC023037

Company & Directors' Information:- M. C. AGRO PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U74990WB2009PTC135219

Company & Directors' Information:- B M FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15419WB1993PTC060386

Company & Directors' Information:- I K FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15412WB1991PTC051852

Company & Directors' Information:- S S V FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15499AP1982PTC003547

Company & Directors' Information:- C S T AGRO AND FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15490TN2011PTC080763

Company & Directors' Information:- S Q P FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15100MH2003PTC139217

Company & Directors' Information:- F S FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15311MH2000PTC126031

Company & Directors' Information:- Z K FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15400MH2010PTC209818

Company & Directors' Information:- P G AGRO PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U01403WB2009PTC139377

Company & Directors' Information:- M B S FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U01112WB2003PTC096375

Company & Directors' Information:- N D FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15131DL2002PTC115754

Company & Directors' Information:- L. M. AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15139DL2010PTC207504

Company & Directors' Information:- C K AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01403AP2016PTC098332

Company & Directors' Information:- R J AGRO PRODUCTS INDIA PRIVATE LIMITED [Strike Off] CIN = U15311KA2005PTC036080

Company & Directors' Information:- C K M FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51909KL1998PTC012358

Company & Directors' Information:- G M AGRO FOOD PRODUCTS LIMITED [Strike Off] CIN = U15130MH1993PTC071373

Company & Directors' Information:- AGRO PRODUCTS PVT LTD [Strike Off] CIN = U01131OR1983PTC001188

Company & Directors' Information:- G S C FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15316WB1985PTC038398

Company & Directors' Information:- A K G FOOD PRODUCTS PVT LTD [Under Liquidation] CIN = U15412WB1990PTC049789

Company & Directors' Information:- J M D FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15419DL1998PTC097578

Company & Directors' Information:- R L R AGRO PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U01403TG2012PTC082514

Company & Directors' Information:- J & M AGRO FOOD PRIVATE LIMITED [Active] CIN = U55100BR2013PTC021049

Company & Directors' Information:- R P V AGRO PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U01300TZ1997PTC008071

Company & Directors' Information:- L K FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15200TG2016PTC103411

Company & Directors' Information:- FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15431JK1966PTC000304

Company & Directors' Information:- A V S AGRO-PRODUCTS COMPANY LIMITED [Dissolved] CIN = U74899DL1995PLC070790

Company & Directors' Information:- M R AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01400MH2012PTC226708

Company & Directors' Information:- R R FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15490PN2015PTC154753

Company & Directors' Information:- A N FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15400TG2013PTC091969

Company & Directors' Information:- R V S K FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15490DL2012PTC245851

Company & Directors' Information:- B. U. AGRO-PRODUCTS PRIVATE LIMITED [Active] CIN = U01100GJ2018PTC101009

Company & Directors' Information:- K G Y FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15400KA1984PTC005909

Company & Directors' Information:- FOOD PRODUCTS (INDIA) PVT. LTD. [Strike Off] CIN = U15311HR1994PTC032356

Company & Directors' Information:- M K FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15209DL1979PTC009924

    A.S.T. No. 347 of 2014 with A.S.T.A. No. 249 of 2014 with C.A.N. No. 10535 of 2014 (Appellate Side)

    Decided On, 17 November 2014

    At, High Court of Judicature at Calcutta

    By, THE HONOURABLE MR. JUSTICE JYOTIRMAY BHATTACHARYA & THE HONOURABLE MR. JUSTICE TAPASH MOOKHERJEE

    For the Appellants: Saktinath Mukherjee, Sr. Adv., Debabrata Saha Roy, Pringal Bhattacharya, Chandrachur Chatterjee, Advocates. For the Respondents: Kalyan Bandopadhyay, Sr. Adv., Sushovan Sengupta, Subir Pal, Advocates.



Judgment Text

Jyotirmay Bhattacharya, J.

This Mandamus Appeal is directed against the judgment and/or order passed by a learned Single Judge of this Court on 22 July, 2014 in W.P. No.20911(W) of 2014 at the instance of the writ petitioner.

By the impugned order, the appellants’ writ petition was dismissed. Let us now consider the legality and/or propriety of the impugned order in the facts of the instant case. The appellant No.1 is a partnership firm comprising of 3 partners being appellant Nos. 2, 3 and 4 respectively.

The appellant No.2 is also M.R distributor under the West Bengal Public Distribution System (Maintenance & Control) Order, 2013. The appellant firm made an application for selection of Roller Flour Mills/Chakki Mill Operator for conversion of wheat (BPL/APL) into fortified atta/Whole meal atta pursuant to notice inviting application dated 4th September, 2013 issued by the respondent authority. The appellant No.1 was not selected by the respondent authority by applying the prohibitory Clause 15 of the notice inviting application as the appellant No.2, a partner thereof is already a distributor under the Control Order, 2013. For convenience of understanding we feel it necessary to set out Clause 15 of the said notice inviting tender as the fate of this appeal depends upon the interpretation of the said Clause 15 of the notice inviting application. Clause 15 of the notice inviting application reads as follows:-

'Any person as proprietor/partner/director holding M.R distributorship/dealership/licence shall not be entitled to apply for selection of his Roller Flour Mills/Chakki Mill in the above mentioned capacity under the scheme of conversion of wheat into atta'.

The learned Trial Judge, after taking into consideration the said prohibitory clause, held that when one of the partners held the distributorship under the Control Order, 2013 and had signed the application of the petitioner No.1/appellant No.1 firm as a partner thereof, the rejection of such application in view of Clause 15 cannot be said to be incorrect.

Let us now consider as to how far the learned Trial Judge was justified in coming to such a conclusion in the light of the prohibitory provision contained in Clause 15 of the notice inviting application. In this connection we have considered the said prohibitory clause with great anxiety and minutely to extract the true purport of the said prohibitory clause. If we read the said provision in the manner as it is framed then it appears to us that if a proprietor of a proprietorship concern or if a partner of a partnership firm or if a director of a company holds M.R distributorship/dealership/licence, he shall not be entitled to apply for selection of his Roller Flour Mills/Chakki Mill in the above mentioned capacity under the scheme of conversion of wheat into atta.

Since we are presently concerned with a partnership firm, let us discuss the present problem with reference to a partnership firm. Suppose there are three partners in a partnership firm. Say for example A, B and C are the partners of a partnership firm and the partnership firm is described as D and one of the partners of such partnership firm D namely partner B holds M.R distributorship/dealership/licence then in view of the prohibitory provision contained in Clause 15, the said partner, namely, B cannot apply for selection of 'his' Roller Flour Mills/Chakki Mill in the above mentioned capacity; meaning thereby as a partner of the said partnership firm, he cannot individually apply for his own selection under the scheme of conversion of wheat into atta. To be more specific, when a partner of a partnership is having M.R distributorship/dealership/licence, he as a partner of the said partnership firm cannot apply for selection of his Roller Flour Mills/Chakki Mill under the said scheme. The expression 'his' appearing in the said clause is significant in the present context as the expression 'his' relates to an individual partner and not to the partnership firm. Had there been any intention to exclude the partnership firm, then the said prohibitory provision ought to have been couched in a different way by creating a bar on a partnership firm to apply for selection of its Roller Flour Mills/Chakki Mill when one of its partner is having M.R distributorship/dealership/licence. In our reading, the exclusion part is applicable to the individual partner who is having M.R distributorship/dealership/licence so that he cannot apply for his own selection to enjoy the benefit of the said scheme. The said provision does not exclude the partnership to apply for selection of 'its' Roller Flour Mills/Chakki Mill even though the partner of such partnership firm is holding M.R distributorship/dealership/licence.

As per Section 4 of the Partnership Act, 'partnership' is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. It is true that partners cannot be segregated from the partnership as it is an association of persons and the firm has no legal existence. (AIR 1965 SC 1411 M/s. Kylasa Sarabhaiah –Vs- I-T Commr).

Whatever property is brought by the partners when the partnership is formed or which may be acquired in course of the business of the partnership it becomes the property of the firms and what a partner is entitled to is his share of profit, if any, accruing to the partnership from realization of this property and upon dissolution of partnership to a share in the money representing the value of the property. (AIR 1966 SC 1300 Addanki Narayanappa & Anr. –Vs- Bhaskara Krishtappa and Ors.).

No doubt, since a firm has no legal existence, the partnership property will vest in all the partners and in that sense every partner has an interest in the property of the partnership but during the subsistence of the partnership, however, no partner can deal with any portion of the property as his own nor can be assign his interest in a specific item of the partnership property to anyone.

Thus, if any licence is granted in favour of the partnership firm such licence will be an asset of the partnership firm with which no individual partner can deal with by treating such licence as an asset as his own. Thus, in case of grant of licence, the partner who is holding M.R distributorship cannot reap the benefit of such licence as his own property, rather the association of all the partners will collectively enjoy the benefit of such licence. As such the partnership cannot be held to be disentitled to apply for such licence, even though one of its partner is holding such licence in his individual capacity.

A partnership firm may be represented by anyone of the partners of the partnership firm, if any act is done and/or performed by a partner in the name of the partnership firm. If such be the position of a partner in relation to a partnership firm under the Indian Partnership Act, 1932 then any individual partner representing the partnership firm may apply for its viz. the firm’s selection in terms of the said notice inviting application. Think about a situation where a partner who is not holding M.R distributorship/dealership/licence, representing the partnership firm applies for its selection in terms of the said notice inviting application, can it be said that the said partnership firm is not entitled to apply in view of Clause 15 of the said notice inviting application even though the other partner who is holding distributorship has not signed the application. In this context, we cannot hold that the partnership firm is disentitled to apply for its selection as one of its partner is holding M.R distributorship/dealership/licence as per Clause 15 of the said notice inviting application. Thus, in the context of the above discussion we cannot agree with the conclusion drawn by the learned Trial Judge in the impugned order.

We hold that the concerned authority was not justified in rejecting the application of the petitioner No.1. by applying Clause 15 of the notice inviting application in the facts of the instant case. We, thus set aside the impugned order and allow the writ petition by directing the concerned

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authority to select and/or empanel the petitioner No.1 firm as Flour Mill/Chakki Mill in Hooghly District, pursuant to the notice inviting application dated 4th September, 2013 issued by the Special Secretary, Government of West Bengal, Food and Supply Department if he is otherwise eligible and allow the writ petitioner’s Flour Mill/Chakki Mill to run its Flour Mill/Chakki Mill business by way of executing the agreements and making allotments of BPL/APL wheat for converting the same into atta fortified atta thereof. The Mandamus Appeal is, thus, allowed. In view of the disposal of the appeal, no further order need be passed on the application. The application, thus, be treated as disposed of. Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible. Tapash Mookherjee, J. I agree.
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