Thanks a lot for your immediate respond.
My Query is not about 'Dissolution of the Firm'. My question is about 'How to Register an Expel Partner in the Register of Firms'.
For instance, A,B and C are the partners of the firm.
A & B have decided to Expel the partner 'C' (without dissolution of the Firm) since for the reasons under that partner 'C' is:
(1) not actively involved in the said partnership,
(2) not participating in any of the General Boady meetings, (3) not invested any amount as agreed by him and also mentioned in the partnership deed and
(4) his code of conduct is not good.
A & B, being the continuing partners, sent 3 notices to attend the General Body Meeting as well as the Extraordinary General meeting conducted by them to show cause for the grounds above mentioned. But partner 'C' has not attended any of the meetings and not even responded.
Again, Parties A & B have sent legal notice drawn by an advocate by giving 1 month notice to show cause for the grounds above mentioned. But partner 'C' has not attended any of the meetings and not even responded for this as well.
So Partners, A & B, being the majority, expelled partner 'C' under Section - 33 and given proper notice to him as per advocate's advise. The Advocate also advised the continuing partners to register the amended FORM-V along with all the notices sent to Partner 'C', in the Registrar of firms.
But in the Registrar Office, they'll be seeking Court Order for the same since the expelled partner has not singned in the FORM-V. However, he may not be. In Registrar office, the authority said they haven't dealt with any expulsion case so far and they may not knowing the procedures to register the expulsion case.
But our lawyer said that the continuing partners has to register the notices that they sent in Rs. 100 stamp paper and to notify the same to the District Registrar (DR).
So that am asking you whether we need to get a court order to register the FORM-V (Reconstitution of firm) or is that sufficient to file the notices in Rs.100 stamp paper and forward it to the DR to file the amended FORM-V (A & B, be the continuing partners and C is the outgoing partner).
Appreciate your immediate respond.
Thanks in advance!
Note: Whether the Paper AD about expulsion of partner has to be given only after Registration of new FORM-V or the partners A & B jointly can give now since they've already expelled the partner 'C' under section-33 (by not registered yet).