• Metal harassment by business partner and his advocate friend

I have been mentally harassed by my business partner as i wish to withdraw from his pvt ltd company and as I demand for my amount he avoids and his advocate friend threatens me to file cases against me
Asked 3 years ago in Business Law

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10 Answers

Hi, It is better you can lodge a police complaint against them for harassment.

Pradeep Bharathipura
Advocate, Bangalore
4932 Answers
255 Consultations

4.5 on 5.0

1. Its not clear how you are involved or associated with this pvt ltd company.

2. If you get fixed salary then you can claim your arrears remuneration by way of civil suit or criminal prosecution.

3. If you are director then you can resign from the company at any point of time.

4. You can lodge complaint with police of criminal intimidation for the threats done to you by the said lawyer.

Devajyoti Barman
Advocate, Kolkata
22032 Answers
325 Consultations

5.0 on 5.0

If you are director of company you can withdraw as and when you like. Lodge a complaint with jurisdiction police for threat and criminal intimidation by lawyer and partner.

Secondly if you are getting salary you can resign and claim for recovery of arrears of money. Better lodge a complaint with police at earliest. If they fail to take action approach jurisdictional court under Section 200 Crpc filing private complaint directing the Police to investigate the matter.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

In the matter of P. Venkateswarlu v. Lakshmi Narshima Rao, AIR 2002 AP 62,

the court held that in case of dissolution of partnership, firm might be dissolved by any

partner giving notice in writing to all the other partners of his intentions to dissolve the

firm.

2) According to section 43 of the Indian Partnership Act, 1932:

1. “Where the partnership is at will the firm may be dissolved by any partner

giving notice to all the other partners of his intention to dissolve the firm.”

2. “The firm is dissolved as form the date mentioned in the notice as the date of

dissolution or, if no date is so mentioned, as from the date of communication of the

notice.”

3)The Supreme Court observed that under section 43(2), notice must contain the date from

which the firm will be dissolved

4)if no notice is issued section 43 of partnership act then partner can also move court seeking dissolution of firm and for taking of accounts under order 20 Rule 15 of CPC

5) in absence of dissolution clause provisions of the Act shall apply,

it cannot be said that a partner of the firm is not entitled to ask for dissolution of the firm

and that only course open him is to retire as provided by another clause in the deed

Ajay Sethi
Advocate, Mumbai
80564 Answers
4945 Consultations

5.0 on 5.0

Hello Good Evening,

Don't be afraid of anyone unless you have done anything wrong. Hire a local lawyer and dissolve the company if you're a major partner of the company.

Hope this helps.

Regards.

Swarupananda Neogi
Advocate, Kolkata
2911 Answers
6 Consultations

4.7 on 5.0

1. You should now collect evidence of their giving such threats to you by audio/video recording their conversations with you and lodge a police complaint against them.

2. You are within your rights to sell off your share in the said Pvt. Ltd. company and get out of its liabilities and responsibilities.

3. You should inform the Bank not to operate the account of the Company without your written consent to put pressure on your said fellow share holder of the said Pvt. ltd. Company.

Krishna Kishore Ganguly
Advocate, Kolkata
25067 Answers
725 Consultations

5.0 on 5.0

SINCE it is a pvt ltd. Company and you say you are partner meaning thereby you are director in the pvt. Ltd. Comoany??? (Kindly correct me if m getting anything wrong )

So if you are director send notice in writing to the Company. They are to intimate the Registrar, about their resignation, by way of filing form DIR-11. Also in similar notice settle your account as to asset and liabilities.

Or you can sell your share to third party and resign.

In cases of threat record proof and lodge a complaint of threat and intimidation agaisnt both in police station.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
125 Consultations

5.0 on 5.0

You can issue a notice intimating your decision to resign from the partnership and demand your dues out of your respective shares and may instruct him to settle all your dues immediately or else you would proceed through court as per applicable law to this situation.

You can also consult an advocate before sending any legal notice.

T Kalaiselvan
Advocate, Vellore
70617 Answers
986 Consultations

5.0 on 5.0

Hello,

Send a legal notice to your partner for settelment of the amount.

Send your resignation to the RCS and if he does not settle the amount then file a case for winding up of the company.

regards

Anilesh Tewari
Advocate, New Delhi
17860 Answers
318 Consultations

5.0 on 5.0

First Verify your accounts,taxes,hard discs,auditings and bank details are properly maintained by office staff. If yes make a copies in your hand hold,better to hold everything in the versions of hot copy and soft copy. Finally give a legal notice with the help of advocate to your partner to withdrawal of your wish from that company.

Allwyn Amala Prasanna
Advocate, Dindigul
2 Answers

4.8 on 5.0

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