M/s. Ajanta Minerals is a Partnership firm, constituted by four partners

Partners In Ajanta Minerals

profile

Shri Gulam Ashi s/o Daud Khan Pathan

profile

Rajendra Purushottam Tank

profile

Ghanshyam Wasudevrao Tijare

profile

Madhukar Sheshraoji Kale

Image

The details of the partners and their share in the partnership are mentioned in the partnership deed executed in August 2005.

1.The purpose of constituting this partnership was to conduct mining business over the land at Kh. No. 121/1, Village Sohale, Taluka Korchi, Tehsil Kurkheda, and District Gadchiroli, Maharashtra. Area: 65 hectares. Mineral content: Iron Ore. It was agreed that the mining lease would be obtained in partnership, the mining operations would be conducted in partnership, and profits would be shared as per the agreed ratios in the partnership deed. The partnership deed is legally binding on all the signatory partners.


2.The partnership is still in existence. The Government of Maharashtra has already conducted an inquiry to determine whether the partnership is still in existence, via an inquiry dated 30.05.2016. The Registrar of Firms, Nagpur, submitted his report dated 03.06.2016, informing the State Government that M/s. Ajanta Minerals is a partnership firm still in existence and having four partners as named above. A copy of the inquiry and the report submitted by the Registrar of Firms, Nagpur, is attached herewith.

3.That, due to the adverse stand taken by one of the partners, namely Shri Gulam Ashi Daud Khan Pathan, against the partnership firm, and his demand for the mining lease in his individual favor, the officials at the Directorate of Geology and Mining, Nagpur, and Mantralaya, Government of Maharashtra, were actively misled to believe that M/s Ajanta Minerals is a “Proprietary concern” of Mr. Gulam Ashi. This is totally false, misleading, and contrary to the report submitted by the Registrar of Firms, Nagpur, to the State of Maharashtra. The said report by the Registrar of Firms, Nagpur, is conclusive and cannot be challenged.


4.The orders of the Hon’ble Minister and the Hon’ble High Court were obtained by the suppression of facts and misleading the Hon’ble Court due to the dispute raised by Mr. Gulam Ashi. In W.P No. 7128/2016, the High Court, raising disputes of facts, could not go into disputed questions of facts and directed the Civil Court to decide about the existence of the partnership. Also, in accordance with the liberty granted by the Hon’ble Supreme Court of India in SLP No. 10490/2021, the partners of the firm have approached the Hon’ble District Court, Nagpur, for adjudication of partnership disputes and the rights of partners as per the partnership deed. The said litigation is pending before the Hon’ble District Judge, Nagpur.


5. Further, as the partnership was constituted much prior to the grant of a prospecting license and much prior to applying for a mining lease, the partnership firm M/s. Ajanta Minerals is entitled to the mining lease over the said land in partnership.

Image
A copy of the relevant litigation orders and the inquiry conducted by the State Government is annexed.

Annexure: Litigation Orders and State Government Inquiry Report

© 2024 All right reserved. By India Active Software Inc.