9911796707
TMI Blog2003 (1) TMI 665X X X X Extracts X X X X X X X X Extracts X X X X ..... ion itself is taken up for disposal. 3. The petitioner has prayed for issuing writ of prohibition or any other appropriate writ or direction prohibiting the respondent from enforcing the direction dated October 16, 2002. The relevant portion of the direction is to the following effect: "...........It is hereby informed that further leasing of the above mills or running the above mills until ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which date three other partners retired and the petitioner became the sole proprietor with effect from April 4, 2002. The petitioner has leased out the said mill to one P.R. Ramasami of M/s. Sivamurugan Textiles, Tiruppur and the mill is being run by the above lessee. While the matter stood thus, the petitioner was served with the impugned notice dated October 16, 2002 whereunder he was informe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent has submitted that since dues are to be paid, such a notice had been issued. 6.. There cannot be any dispute that erstwhile partners of the partnership firm were jointly and severally liable for the dues and similarly the partnership firm itself was liable and the respondent has authority to recover the amount from the persons liable through process known to law and rightly proceedin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ceedings have already been started. However, there is no authority to issue any prohibitory direction in the manner as has been done in the present case. 8.. For the aforesaid reasons, the writ petition is allowed and it is hereby declared that the direction dated October 16, 2002 is of no consequence and cannot be enforced by the respondent. It is however made clear that the respondent is free ..... X X X X Extracts X X X X X X X X Extracts X X X X
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