Contract entered by Firm by suppressing information on deceased partner and FIR
My father was partner in firm which was partnership at will. Without settling account of my deceased father , remaining partners entered new deed and registered it with ROF stating firm has been reconstituted by remaining partners. They are not maintaining any account of deceased partner and took over everything illegally.
As i have right on assets of this firm in proportionate to my share and firm can not continue its business on my share of properties without my express consent, what right do I have to get the contracts entered by it canceled.
Can I issue notice to public limited company that Contract entered by the firm with the company is illegal as firm has not been authorized by me to carry on business on property belonging to me . Can I bring it into notice of that company that FIR has been registered against this firm under sec 120 B ,420 ,468 ,471 etc to cheat legal heir of deceased partner and as such they are doing business with this firm at their risk. And firm is reconstituted by submitting false information .
Or inform me best way by which I should go about to damage image of this firm who is authorized distributor of Tata Motors.
Asked 1 year ago in Business Law from Delhi, Delhi
Partnership deed is very old 1990 . reply on RTI applications to ROF , Bank etc. has said this copy not available though copy of new deed is furnished to me.
On criminal case , i have come to know police in collusion will submit final report saying case is primarily civil nature.
Once they submit I have to file protest petition. Income tax office has issued notice to firm u/s 148 on my complaint. My tax evasion petition is also pending.
I had seen copy of old deed of firm but copy is not available and my efforts to get it never succeeded . Now I cant get copy of old deed except court.
What is best course for me now- file dissolution and rendition of suit , estimated cost for purpose of jurisdiction only , Simultaneouslyfile stay applic for restraining firm to use firm name and firm property , another application for discovery of documents like partnership deed , balance sheet, books of accounts etc.once deed comes and if arbitration clause there for dispute between partners ( which i believe is there) then go for arbitration for quick disposal . kindly suggest best course.
Asked 1 year ago