Upgrad LLM

Companies neither giving sale commission nor giving response

This query is : Resolved 

03 September 2017

Dear Member, One of my friend have took sales agency from Company which is listed into stock exchange, the income is generated through sales commission. All the Invoicing part is directly through companies server and the earned commission is directly deposited by the company into e-valuet open by the company on it's server. The account was open with the company as partnership account and My friend has deposited huge amount of money says 10 lakh directly to companies account from his personal account and the other partner has invested only 50 thousand against which company has issued goods worth Rs.20 lakhs (10.5 lakhs against payment and 9.5 lakhs against promotional credit) but from starting of it's companies has sold less goods against delivery challan for which my friend has sent mail. Know the problem is the partnership is in dispute and other partner took all the goods at his place and he has changed all the id password and contact details with the company. My friend has written letter to the company to stop all transaction and to recover the goods from them but companies person helping the partner and still the business is going on. Company is not giving any reply for letter nor they are responding on mail and phone calls the companies has deducted TDS also but not filed any of the return. Please advise how i can complaint against companies misbehavior and fraud and how i can recover the money from the company. it would be appreciated if got to know how i can recover goods from the partner (the partnership firm is unregistered). Please also advise how i can appoint arbitrator to resolve dispute between partner. Partner is not ready for any arbitration.

Your valuable advise will appreciated

Rajendra K Goyal Online (Expert)
03 September 2017

Send clear registered AD notice to company as a partner not to supply any goods on behalf of partnership.

Send Registered AD notice to partner to dissolve the partnership immediately and settle the accounts.

In case of need obtain court orders accordingly.

Discuss in detail with local lawyer.

Suraj Vishwakarma (Querist)
03 September 2017

Goyal Sir thank you for valuable advice. Let me clear which i have not done. I with my Advocate friend already sent the notice to dissolve the partnership and settel the issue and notice to company to release the pending commission.

But neither company is responding nor his Partner. Please advise how can i go legally. To appoint Arbitrator thus only high court have the power or can i approach to some lower court.

04 September 2017

On reviewing/examining the agreement appointing the firm as distributor, notice need to be given to company. Partnership deed to be studied and take corrective action to solve problems amongst the partners. dr vedula gopinath senior advocate and arbitrator vgnath@gmail.com

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