Sukesh (Owner) 28 May 2013

Expulsion of a partner.

Hello All ,

I make a deed with my partner in sep-11, we done work for for one and half year. After some time . there was a problam with our work . than other pertner join a other company as a empoly.

Now 1 week before he came to me and want a somputer for some work than i give him for his work . but when i check my office . then with the computer he take some office data with him . and when i ask to reture my stuuf . than he statrt showing me the deed wihch i signed in sep 11 . And refuse to returne my stuff and company data .

Now Pls help me in this case . what shuld i do . for futher i want EXPULSION OF A PARTNERSHIP. and i just want to get back my stuff . And From june 2012 he is not working with me . so pls help me out this situtaion .

I am very confused and mentlly distrub .. from last few weeks .

Thanks & regards

SUKESH DUBEY

9654794010

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4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 28 May 2013

you can send a notice to him by saying tohandover the computer & get the data or else face the claim for damages.

Sukesh (Owner) 28 May 2013

Thanks for our reply ,

Sir

can you halp me , by giveing what king of notice or legal notice. i should send him ..

Mohammed Ameenuddin (Sr. Legal Manager) 29 May 2013

Send him a legal notice, narrating the facts and claim the liquidated damages of loss of your business data / computer.

sanjay kumar (BE/ LLM in Corporate Laws) 30 May 2013

From your informations, the following facts emerge:-

1. Both of you had signed a Partnership Deed in Sept-11

2. Your friend left the partnership one and half years later but the Deed was not cancelled. So on paper atleast,he still remains the partner.

Now, on whose name is that Computer. What does the Cash-memo say. If it is in your name then its your personal property and if doesnt return it, you can file an FIR against him.

But if it is Company's name. Then your have to take legal action against him by sending a legal notice narrating all the facts that he had left the partnership etc.