1)jay auto accessories is partnership firm in which all brothers are partners

2)on account of financial problems dealership of pioneer was closed but partnership firm was not dissolved .

3) however younger brother continued business with pioneer corporation as sole proprietor and no objection was raised by other partners .

4)in india Auto arcade youngest brother is not a partner but continues to remain a partner in jay auto accessories .

5)if youngest partner is misusing firm name india auto arcade legal notice can be issued to him to restrain him from using said name for selling his products .

6) Indi auto arcade can obtain injunction against youngest partner to restrain him from using firm name indi auto arcade for selling his products

1. You are silent on the name and style of the business run by the youngest member who appear to have separated form the partnership firm long ago.

2. if he has separated then how is he using ' India Auto Arcade' as business counter? This needs to be clarified.

3. In any event the partnership form namely ' India Auto Arcade' can apply for injunction to restrain the youngest brother who is running the separate business from using the trade name and infrastructure of ' India Auto Arcade' .

1 The trading license of “Jay Auto Accessories” has been cancelled though the partnership agreement is not dissolved,

2. The two brothers formed a partnership firm under the name of “India Auto Arcade” wherein the youngest brother was not a partner,

3. he was allowed to operate his proprietorship business from the counter of India Auto Arcade without any objection,

4. The partners of India Auto Arcade can ask him to vacate their place of business or demand rent from their youngest partner for conducting his business from the premises of India Auto Arcade,

5. Under no circumstances they can claim share of profit from the younger partner.

under circumstances you have to move court and obtain an injunction restraining younger brother from using firm premises for carrying on his sole proprietorship business .

1. The youngest brother has a propietorship firm which has a different identity than the partnership firm who ownes India Auto Arcade from where the proprietorship firm is operating,

2. It is not the main issue weather he is in the same line of business or not. If this issue is taken accepting the right of the proprietorship firm to operate from the same place then the partnership firm will br anserable for not being able to compete with the proprietorship firm and its freedom to conduct business can not be taken away,

3. The main issue to be considered herein should be whether the proprietorship firm has been and/or will be allowed to use the premise of the partnership firm whose profit margin is dwindling because of the same business being conducted by the proprietorship firm,

4. The proprietorship firm can be asked for stopping its business.