kaloboran mahapatra (service) 18 September 2017
I am a Sr Citizen. My late wife was a partner in a holding 50% in a partnership firm. After her expiry I filed a case for Dissolution of partnership in the 2005. Partner is not giving financial statement since 2005. Can I ask court for a directive issued to the partner who is alive submits year wise financial statement? Whether my lawyer can approach the court in this matter? regards
SHIRISH PAWAR, 7738990900 (Advocate) 29 September 2017
Yes you can file ask court for issuing directions to provide the financial statement.
Shrijay Sheth 03 October 2017
You may approach court to resolve this matter, only if the Partnership Firm is registered with Local Registrar of Firms having jurisdiction over the Place of Business of the Partnership Firm.
Where the Partnership Firm is not registered with the RoF, one may look for Arbitration for the concerned issue. You may appoint an arbitrator(s) by mutual consent with Partner or you may approach Court for the appointment of Arbitrator(s) in consultation with the Court. The Arbitrators are normally retired High Court judge.
You shall consult a lawyer, who can guide you considering the clauses of the Partnership Deed.
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