• Partnership Deed Issue

There is a restaurant in Pune with 3 partners with equal share. After 4 months, i have invested 25 lacs via online payment and entered into partnership verbally as 4th partner without any documentation. Since i know all other partners very closely so thought we will do the documentation later, first lets clear some pending dues with my money. Now, i have been asking for documentation but not getting proper response from them. It's been more than 2 months. I said, if you don't want to share anything wrt restraunt with me then please return my money back within 15 days. Still, no response.

Can i file FIR and lawsuit to take back my money since i am not bound by any contract or partnership deed ?
Asked 3 months ago in Business Law from Pune, Maharashtra

1) If you have transferred online payment in restaurant partners bank account than you can file FIR against them for doing fraud and misrepresentation.

 

2) You ask them to add you as partner and make your admission in the partnership firm with your sharing ratio in it.

Ganesh Kadam
Advocate, Pune
7113 Answers
60 Consultations

4.9 on 5.0

Issue legal notice to other 3 partners to refund your Rs 25 lakhs as they have failed to make you partner of the firm 

 

2) if they refuse file case of cheating against the other 3 partners 

 

3) sue the partners to recover your money with interest 

Ajay Sethi
Advocate, Mumbai
65453 Answers
3961 Consultations

5.0 on 5.0

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person/s, supported with all relevant supporting documents.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person/s may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
2243 Answers
13 Consultations

5.0 on 5.0

Hi,

In the present conditions, you may ask your money through recovery suit because there is no agreement and you are not 4th partner legally. 

Ganesh Singh
Advocate, Delhi
3063 Answers
9 Consultations

4.5 on 5.0

Yes you can send them a notice for recovery of your amount in case on notice they fail to pay your amount you have to file a suit to recover the amount.

Shubham Jhajharia
Advocate, Ahmedabad
18231 Answers
71 Consultations

5.0 on 5.0

1. Well, in absence of any partnership deed it would be very difficult to prove your partnership unless there is sahre of profit and loss before.

2. Since verbal agreement can give rise to a valid partnership , you can very well file a civil suit for dissolution of firm and rendition of accounts including sharing of capital and profits.

3. if there is any commission of fraud then criminal case of cheating can also be filed.

Devajyoti Barman
Advocate, Kolkata
17474 Answers
248 Consultations

5.0 on 5.0

You can file complaint against them u/s 406, 420 of ipc And also Issue a legal notice through an advocate and file recovery of money along with interest. 

Mohammed Mujeeb
Advocate, Hyderabad
9343 Answers
3 Consultations

4.5 on 5.0

Yes you can file cheating complaint as well as civil suit for recovery of money

Prashant Nayak
Advocate, Mumbai
11647 Answers
18 Consultations

4.8 on 5.0

yes you can file a money recovery suit against the partners

Yusuf Rampurawala
Advocate, Mumbai
4317 Answers
22 Consultations

5.0 on 5.0

All you can do is to file a case for recovery of money.

 

Filling police complaint is not going to help you in the given situation.

Rajashekar
Advocate, Bengaluru
567 Answers
4 Consultations

4.8 on 5.0

You have nothing in written, what will you say, for what purpose you have given them this money. They might say, you have returned borrowed money.

Well, file FIR u/s 420 , 406 IPC that on the pretext of making you partner they took this money but never intended to make you a partner and from the beginning wanted to cheat you.

Yogendra Singh Rajawat
Advocate, Jaipur
12259 Answers
13 Consultations

4.6 on 5.0

This is my response to you:

1. You can first send them a legal notice;

2. If they do not respond well then you can file an FIR against them;

3. You also have the option to file a suit against him;

4. You will not be able to plead on partnership deed since oral agreement for partnership is not valid;

5. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1797 Answers
2 Consultations

5.0 on 5.0

Ok.  You can produce the same as evidence

Prashant Nayak
Advocate, Mumbai
11647 Answers
18 Consultations

4.8 on 5.0

Than File FIR.

Yogendra Singh Rajawat
Advocate, Jaipur
12259 Answers
13 Consultations

4.6 on 5.0

See at this stage best option is to recover the amount.

Shubham Jhajharia
Advocate, Ahmedabad
18231 Answers
71 Consultations

5.0 on 5.0

Enclose print out of the chat messages to your police complaint 

Ajay Sethi
Advocate, Mumbai
65453 Answers
3961 Consultations

5.0 on 5.0

The do as I have advised above.

Devajyoti Barman
Advocate, Kolkata
17474 Answers
248 Consultations

5.0 on 5.0

You can produce that as evidence in the court of law

Ganesh Kadam
Advocate, Pune
7113 Answers
60 Consultations

4.9 on 5.0

you can start by sending legal notice to them asking them to repay the entire amount with interest within 15 days of receipt of the legal notice.

If they fail to do so, you will have to file a suit for recovery against them in civil court in order to recover your money.

 

Siddharth Jain
Advocate, New Delhi
4626 Answers
50 Consultations

5.0 on 5.0

Simultaneously, complaint can also be given to the police narrating the incident and requesting them to register FIR under section 415 and 420 of the Indian penal code for the offence of cheating and fraud.

If police refuse to register your FIR you can file a petition under section 156 3 CrPC to local magistrate to get FIR registered and investigation ordered in this matter.

Siddharth Jain
Advocate, New Delhi
4626 Answers
50 Consultations

5.0 on 5.0

If you are not interested in the proposed partnership then you may intimate them by a written communication and in the same letter to be sent by registered post you may demand the money you invested or given ti them.

Let them give a reply after which you can take further legal action.

 

T Kalaiselvan
Advocate, Vellore
55296 Answers
674 Consultations

5.0 on 5.0

The question is not about their oral acceptance of you as their partner but it us the concern about your money that you have given them .

You may follow whichever suggestion that may suit your desire.

T Kalaiselvan
Advocate, Vellore
55296 Answers
674 Consultations

5.0 on 5.0

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