Civil Procedure Code (CPC)

Business partner locked the firm and not allowing to enter


my business partner locked the firm and is not allowing to enter into firm and not running the business either.

upon arbitration discussions, he is forcing me either to buy or sell of share in the firm and partnership can not be carried any more.

I am not ready to sell the share as this is the only source of my living and can not carry a new business due to my age and agreed to buy share at a regular market price.

in this scenario, he is setting/quoting a price which is not the actual market price of property and not agreeing for any other price (set by village/business heads) and forcing to sell/buy to a price which is set by his own.

to note, our partnership deed is agreed in 1992 mutually on papers, but not registered in govt records.

please advise how to proceed in this scenario as approaching the police also not resulted anything and I am continuing to loose the income due to close of firm.

 
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+ 91 9225510883

Sir,

We have to see the partnership deed which has been executed between both of you. But as per the details provided by you, your partner shall not have any legal right to stop you from doing the business or entering into the business premises where you are also a partner.

Send a legal notice to your partner mentioning all the facts and especially the consequences. And please note that your partner doesnot have any right to keep these unjustified options of either sell your share to him at the rate quoted by him or purchase his share at the rate he is asking for. Rather tell him to dissolve the partnership in a legal way. In the worst case yoiu have to approach the court of law to get the relief along with the compensation.

 

Adv. Yogen Kakade

Jurycon Incorporation (Advocates & Consultants)
Email: juryconincorporation@gmail.com
Web: www.juryconn.in   Phone: 020-65248888 / 09225510883

 

 
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FIN

You may show the unregistered deed to a very  able counsel.

Don't treat your age and requirements as blockade to defend your interest.

 

 
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legalquestadvisor@gmail.com

You have not clearly stated, whether the Arbitration taken place properly or not, whether any order passed by the Arbitrator.

You can file a Compliant before the police for allowing you to enter the partnership firm otherwise you can file a Private Complaint before the magistrate to register a case against the other partner for anot allowing you to do business in the premises. 

 

 
Reply   
 
FIN

Agreed.

You need to act to defend your interest. 

 
Reply   
 

Thanks for your suggestions,

As suggested, we have approached the local police with a written statement about the same (no receipt or FIR is filed by police) and my partner denied to handover the keys infont SI and other village elders and forced to buy/sell the share always

later we have issued a legal notice saying that keys are not handed over along with loss which we are inoccuring due to non operational of business

in response, my partner replied through legal notice with FALSE statements saying that the keys were handed over infront of village elders as of agreed date(which is false and no keys were handed over).

attached the notice and its replies from my partner. Request to suggest next course of action to get keys and run the business.

 

i am attaching both notice and replies here with, suggest the next step to get this solved as soon as possible.

 



Attached File : 369800 20161215223104 236650557 notice and replies.zip downloaded 72 times
 
Reply   
 

sir,

as per the agreement, district session court given us an injuction order to run the firm by us and instructed my partner not to interfear into the firm activities and directed him to approach arbitrator for setteling any disputes as per the agreement.

is any way partner again gets a stay in highcourt on below injuction order? what is the next step of action required from us to make sure he will not getting any favour in any court during our turn to run the firm.

below are the order details, 

 

Daily Status 

District Courts, Mahabubnagar

In The Court Of :Prl.District Judge

Case Number :A.R.B.O.P/0000002/2017

Kuna Balaraja  Versus  Kuna Buchaiah

Date  : 03-04-2017


Business : Orders pronounced in open court (VSO). In the result, this petition is allowed pending reference to the arbitration,petitioner is granted interim injunction restraining the respondent from interfering with the possession of petitioner in running the mill for a period of two years i.e, from 01-11-2016 and as far as directing the respondent to approach the arbitrator for settlement of disputes as per the clause No.12 of the partnership deed,it is rejected.
Nature of Disposal : ALLOWED
Disposal Date : 03-04-2017 
 
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