• Rendition of accounts

There is dispute with our Manging Partner , Our firm is registered partnership firm and I hold 30% share in it .I was kept in dark with all the accounts and Sales / Purchase details . 
I wish to move court for remedy . Renderation of accounts - 
Approtionment of Share 
Injunction on sale Registration , Bank Account .. etc. 
Please suggest me with procedure and Court fees , Advocate fees for such service .
Asked 1 year ago in Business Law

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8 Answers

If you have some receipts pending with the said partnership or partner you can move for suit for rendition of accounts. The court fee depends on the amount claimed by you in such circumstances and advocate fees varies from advocate to advocate

Prashant Nayak
Advocate, Mumbai
26719 Answers
79 Consultations

4.4 on 5.0

You should issue legal notice to the firm and managing partner seek audited accounts 

 

2) if firm refuses file suit seeking renderation  of accounts , etc

3) court fees depend upon reliefs claimed 

 

4) legal fees vary depending upon lawyer engaged by you 

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

Hi, you have to file suit for accounts and other remedies before the Court.  The court fee payable is the amount which you have claimed in the plaint.

Pradeep Bharathipura
Advocate, Bangalore
5374 Answers
306 Consultations

4.5 on 5.0

You should hire a lawyer who practices on civil side and send s Legal notice. Most likely your matter will be solved with notice and a further discussions involving the lawyers of both side. If the matter is not solved with mutual diiscussions then can proceed in filing a suit either in civil court or company law tribunal.

Regarding the fees , it depends  on lawyer to lawyer, lumpsum payment  or in part payments, etc.

 

Thresiamma G. Mathew
Advocate, Mumbai
1629 Answers
207 Consultations

5.0 on 5.0

A. In your case you need to follow the terms of your partnership deed and proceed with dissolution of partnership. You may initially place a legal notice for dissolution including all the contains of your grievance and thereafter two options with you. 

1. Dissolution through an agreement seeking consent from the partners and agreeing to the terms as mentioned in your memorandum of understanding/settlement of deed. 

2. If consent for dissolution of partnership is not received even after notice and an attempt to settle amicably outside the court, then you may proceed by filing a suit for dissolution of partnership as per Section 44(c) and 44(d) of the Indian Partnership Act, Claim damages and even create charge for furnishing false particulars, concealment and misappropriation.

Apart from this if there is any misappropriation of cash or bank accounts, then you may lodge a private complaint against the partners for breach of  trust and misappropriation of funds.

So far as injunction on sale registration is concerned, you are required to file a suit for permanent injunction against the purchaser as well as your remaining partners and immediately approach Civil Court for interim injunction under order 39 Rule 1 of Code of Civil Procedure.

Pooja Ashar
Advocate, Ahmedabad
215 Answers
4 Consultations

5.0 on 5.0

1. File an application before the NCLT seeking relief.

 

2. Engage a local lawyer having expertise in this filed. 

 

3. Lawyer's fee varies .The filing fee might be Rs. 50 K to Rs. 80 K and appearance fee might be Rs.5 K to Rs.10K.

Krishna Kishore Ganguly
Advocate, Kolkata
26470 Answers
726 Consultations

5.0 on 5.0

You can contact a local advocate with all details about the company and your grievances.

You will be properly guided with the legal procedures that is to be followed in this regard including obtaining  a stay order and applicable court fee as well as advocate fee etc.

 

T Kalaiselvan
Advocate, Vellore
77366 Answers
1459 Consultations

5.0 on 5.0

Dear Sir,

Right to claim rendition of accounts—A suit for rendition of
accounts can be maintained only if a person suing has a right to receive an
account from the defendant—Prayer for rendition of accounts—Not
maintainable.—Order XX, Rule 13 Civil Procedure Code provides that in
administration suits, a preliminary decree directing accounts can be made. Order
XX, Rule 15 provides that in a suit for dissolution of partnership or taking of
partnership accounts, the Court before passing a final decree may pass a
preliminary decree declaring the proportionate shares and directing accounts to
be taken. Order XX, Rule 16 provides that :
“In a suit for an account of pecuniary transaction between a principal and an
agent, and in any other suit not hereinbefore provided for, where it is
necessary, in order to ascertain the amount of money due to or from any
party, that an account should be taken, the Court shall, before passing
its final decree, pass a preliminary decree directing such accounts to be
taken as it thinks fit.”
Order XX, Rule 16 C.P.C. does not create or confer any substantive right to
seek rendition of accounts in any particular type of cases, nor in all types of
cases. It merely refers to a rule of procedure and would apply where there is an
existing right to seek rendition of accounts having regard to the relationship
between the parties.
It is now well settled that the right to claim rendition of accounts is an
unusual form of relief granted only in certain specific cases and to be claimed
when the relationship between the parties is such that the rendition of accounts
is the only relief which will enable the plaintiff to satisfactorily assert his legal
right (vide Jawahar Singh v. Haria Mal, [1899
(60) PR 1899 : 6 Punj LR 1900], followed in Gulam Qutab-ud-din Khan v. Mian Faiz
Bakhsh, AIR 1925 Lah 100, State of J. and K. v. L. Tota Ram, AIR 1971 J and K
71, Triloki Nath Dhar v. Dharmarth Counsel, AIR 1975 J and K 76. The right to
seek rendition of accounts is recognised in law in administration suits for
accounts of any property and for its administration, suits by a partner of a firm
for dissolution of the partnership firm and accounts, suits by beneficiary against
trustee(s), suits by a member of a joint family against the karta for partition and
accounts, suits by a co-sharer against other co- sharer(s) who has/have received
the profits of a common property, suits by principal against an agent, and suits
by a minor against a person who has received the funds of the minor.
Even where there is no specific provision for rendition of accounts. Courts
have recognised an equitable right to claim rendition of accounts. In Narandas
Morardas Gaziwala v. S.P. Am. Papammal, AIR 1967 SC 333, Supreme Court
considered the maintainability of a suit by an agent against the principal for
accounts. Negativing the contention that only a principal can sue the agent for
rendering proper accounts and not vice versa (as Section 213 of the Contract Act
provided that an agent is bound to render proper accounts to his principal on
demand without a corresponding provision in the Contract Act enabling the agent
to sue the principal for accounts), this Court held :
“In our opinion, the statute is not exhaustive and the right of the agent to
sue the principal for accounts is an equitable right arising under special
circumstances and is not a statutory right.
Though an agent has no statutory right for an account from his principal,
nevertheless there may be special circumstances rendering it equitable
that the principal should account to the agent. Such a case may arise
where all the accounts are in the possession of the principal and the
agent does not possess accounts to enable him to determine his claim
for commission against his principal. The right of the agent may also
arise in an exceptional case where his remuneration depends on the
extent of dealings which are not known to him or where he cannot be
aware of the extent of the amount due to him unless the accounts of his
principal are gone into.”

Kishan Dutt Kalaskar
Advocate, Bangalore
6049 Answers
363 Consultations

4.8 on 5.0

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