Partnership firm- society dues
hrishikesh
(Querist) 10 February 2016
This query is : Resolved
We are a Partnership Firm consisting of 4 Partners:
Partner 1 - 25%
Partner 2 - 25%
Partner 3 - 25%
Partner 4 - 25%
The Said Firm had shut operations in 1990's and thereafter had accrued huge Society Dues over a number of years
With the objective to settle Society Dues The Firm had leased out its premises to a 3rd Party at the market rates then prevalent. The arrangement worked out was that the Rent or compensation derived would be paid directly to society to settle the outstanding dues
One of the Partners viz Partner 1 due to differences with the other 3 objected to the same and issued letters to the Society as well Dy. Registrar of T-Ward not to issue any NOC since he was not in favour of giving the premises on Lease.
The Dy. Registrar T-Ward issued an order to the Society not to issue any NOC to the Firm or the other 3 Partners to Lease out the Firm Premises, which was unlawful and illegal since the Dy. Registrar does not have any such jurisdiction and/or powers.
Basis the Order issues by Dy. Registrar the Society refused to issue an NOC for Leasing out the Firm Premises and settling Society Dues.
As a result the Firm has accrued huge Society Dues and also accrued damages of more than a 90 Lakhs due to Non Leasing of Premises.
Pls advise on the future course of action
rajagopal.s
(Expert) 10 February 2016
Hi
You need to file a civil suit as in all likely hood the dues might have eroded the partner's capital itself. first try to resolve the issue within partner's only.
H.M.Patnaik
(Expert) 10 February 2016
Dear Querist,
First let me know if the Society has initiated any legal action for recovery of dues, since the dues are piling up since 1990?
Secondly, if there is no operation since 1990 why the partnership firm has not been dissolved till date?
Thirdly,what is the provision in of the instant society regarding charging of periodic dues for the period the premises remain unoccupied?
Rajendra K Goyal
(Expert) 11 February 2016
Prepare the accounts on date and dissolve the partnership. Settle the premises in favor of the person who is ready to take all future dues / liability or otherwise as agreed.
