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Cheating in business

Guest (Querist) 07 August 2012 This query is : Resolved 
I started a restaurant in a rented premise whose trade licence is on my name.My two friends look after the restaurant and as i invested more I opted to become a silent partner due to some other problems.Now I have come to know that they are cheating me showing less profit then the actual.I am feeling deprived and want to take over the business.Can I do so?
We have an internal agreement among us which states that for their small investment they are my partners.Can I revoke the partnership deed?If I do so is it possible for them to get an injunction order causing closure to the restaurant?
Please advice.
Devajyoti Barman (Expert) 07 August 2012
You can go for dissolution of partnership and division of property amongst yourselves.
If they disagree then you can file suit for dissolution of partnership.
Guest (Querist) 07 August 2012
Thanks a lot sir,
I don't want to pay them as they have incrred me a huge loss.In such case I will have to pay them in dissolution?If I try it forcefully what legal actions they can take upon me?
What about INJUNCTION order?
ajay sethi (Expert) 07 August 2012
need to see clauses of partnership deed .

contact local lawyer . dont use force .
Raj Kumar Makkad (Expert) 13 August 2012
Dissolution of partnership is not a big issue. This is the legal right of every partner to part with the business or partnership at the moment he desires and no court or person can stop him to do so. You can sit in the restaurant and start your full intervention there as you have incurred capital. You can also demand accounts from them and can even go to court for rendition of accounts. If you dissolve the partnership then after accounting for all losses and outstanding, the capital shall be distributed in proportion to the capital.


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