IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO. 171 OF 2026
(VALMIKI MENEZES & AMIT S. JAMSANDEKAR, JJ.)
D.O.D. 16th MARCH 2026
RAJESH ASHOK KHAUNTE & ANR. PETITIONERS
VERSUS
THE STATE OF GOA & ORS. RESPONDENTS
Indian Partnership Act, 1932 – Section 63, Rule 5 amended for the State of Goa – There is no power vested in the Registrar under Section 63(1) of the Partnership Act to reject any Application for recording any changes, which are incorporated in the Deed of constituted partnership. The power is limited and the provisions of Section 5 cannot be availed by the Registrar to examine the Partnership Deed and reject the Application under Section 63(1) for recording the constitution or dissolution of the partnership.
FACTS
The Petitioners have reconstituted the partnership by Deed dated 27.06.2025, in terms of Section 63(1) of the Indian Partnership Act and Rule 7(6) made under the Rules of the Indian Partnership Act in Form VI and moved the Registrar of Firms for recording the changes and registering the reconstitution of the Firm under the reconstituted Partnership Deed dated 27.06.2025. The Registrar of Firms has issued a communication dated 28.10.2025, which is impugned herein. calling for further information from the Petitioners as to the status of their marriage, purportedly to facilitate the process of registration of their reconstituted Firm.
HELD
There is no power vested in the Registrar under Sub-section (1) of Section 63 of the Partnership Act to reject any Application for recording any changes, which are incorporated in the Deed of constituted partnership. The power is limited and the provisions of Section 5 cannot be availed by the Registrar to examine the Partnership Deed and reject the Application under Section 63(1) for recording the constitution or dissolution of the partnership. The impugned communication dated 28.10.2025 travels beyond the powers of the Registrar of Firms and therefore, must be quashed and set aside. The Registrar shall record the change and register it within a period of two weeks and communicate to the Petitioners (para 10, 11 and 13)
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