Partnership
Swapnil
(Querist) 21 August 2013
This query is : Resolved
Dear Sir,
We are two partners in a manufacturing firm since last 45 years. Our firm hold a piece of land on which the production is held.
Three years before I met with an accident due to which i cannot walk on my own. Immediately my partner opened another firm in his sons name in the same premises and diverted all the customers in that firm using each and every equipment, land piece, and vehicles as well as the goodwill which we earned since 45 years which belong to our partnership firm.
We had a turnver of around 2.5cr per annum in which we had a profit of 25% approx. There were some dues of taxes of Rs 63lakhs which the firm was suppose to pay during the time of my accident but I was unavailable due to my disability.
I am without income since last 3 years my partner has betrayed me. He insists on paying just half of the tax amount and demands rest from me. Business since my accident has grown to 6.00 Crores per annum with a profit margin of 25% only.
Please let me know what case could I file. Can my son/daughter file a case instead of me as I am unable to walk on my own
Rajendra K Goyal
(Expert) 22 August 2013
You can give power of attorney to your son. You can proceed for dissolution of partnership before the position worsens.
Swapnil
(Querist) 22 August 2013
I wish to demand compensation for my loss as I would have been in a good condition if my partner wouldnt have betrayed me.
Is there any provision were I can fight for transfering clients from partnership firm to properitership firm by a partner for personal gain without disolving the partnership firm. And also he is conducting the same business in the same premises which is owned by our partnership firm.
Is these considered cheating/breach of trust?
V R SHROFF
(Expert) 22 August 2013
DISSOLVE YOUR PARTNERSHIP AND COLLECT YOUR SHARE THRU ARBITRATOR
Swapnil
(Querist) 22 August 2013
Dear Mr. Shroff,
No criminal case can be conducted in my case? Now he is too strong financialy and I am nothing, how will I survive.
I wish to fight for my loss please suggest something.
V R SHROFF
(Expert) 22 August 2013
One need to study the case in detail to find out best attack, best alternate that suit you to get max benefit for u.
Rajendra K Goyal
(Expert) 22 August 2013
The advise is on the facts available, to advise on the case about criminal or any other action possibility all papers and events are to be gone through. Contact local lawyer.
