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
Sorry, this lawyer can't accept your request, but you can request consultation with another lawyer
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 8 years ago in Business Law
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
8 Answers
There is no provisions like this in partnership deed. Moreover the company is giving dealership which if based on our goodwill. Can I know like what complaint I shall file ?and any further help.
Asked 8 years ago
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.
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
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
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.
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
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
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