• Another business with other partner

I m in the business of retail sale in a partnership business now the company is giving us dealership as we are in the business from last five year but my partner are taking it at their own on different name without our permission
Asked 7 years ago in Business Law

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8 Answers

Hello,

What are the provisions with regards to this in the partnership deed.

File a complaint case in the police for cheating and if there is some clause with regards to this in the partnership deed then file a case for breach of the same.

Regards

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

This would be barred in terms of your partnerships deed. Please check the deed and inform your other partner that he in terms of XYZ clause in the partnership deed, can't take up this assignment individually. If the resistance posted by you fails to be of any help, you have the option of sending him a legal notice.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Your partner is at liberty to be a partner in another firm and be dealer of real estate company

2) your consent would be necessary if there is clause to that effect in your partnership deed

Ajay Sethi
Advocate, Mumbai
96760 Answers
7804 Consultations

Request company to give dealership in name of existing firm

2) mention that in the new firm has been formed by your partner without your consent

Ajay Sethi
Advocate, Mumbai
96760 Answers
7804 Consultations

You should give him a notice to produce books of account of that business to determine and deposit of all the benefits arised out of that business. According to the Partnership Act you can claim all the benefits which your partner got from that business. you can move a civil suit.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

The same should contain that you are being cheated upon by your partner and therefore crime is being conducted by your partner.

Also you can publish a declaration in the news paper that such transaction is being carried out in the personnel capacity of the partner and not legal.

Regards

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

Your partner's obligation is limited to the partnership conditions of this company alone.

You cannot restrict him from carrying out his other business.

No legal action is maintainable in this regard if his proposed new business do not interfere or make an impact on the current business

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

You can write to the company to not to give the dealership to your partner alone.

You may inform that goodwill of the company is joint property hence giving dealership to one partner alone would create legal issues

But you can't force the company to grant dealership to you also

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

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