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Tanu Shree

Posted 9 months ago

Sir, we own a pharma company in partnership of 3 members. All documentation is in my uncle's name. Recently, one of our key partners was having issues with the company having a marketing manager. The partner has less experience in the field and so there was requirement of a marketing expert in the company. But the partner is insisting upon that he alone will see the market part, but it is clear that he is not capable enough to run marketing single handedly. He invested 50 % in the company in the beginning, put a lot of effort to bring up the company along with my uncle. But, now he has left my uncle with just two options, either to handover the company to him, or pay him the capital he invested. Presently, company doesn't have any investor and company is not capable to pay him all his money. What should we do now? He tricked my uncle into this phase, and he is forcing his decisions and options. My uncle is quiting the company with a sinking heart as he put a lot of effort through discussions and meeting,but all in vain. The partner is clearly betraying on no ground and at such growing time of the company. What can we do now to save the company in our hands? Is there any penalty provision for such a betrayal by the partner? Kindly help please
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A. A partnesrship is run by majority. If you are also a partner then you can side with your uncle to oppose the other person.
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Prabhakara S K Shetty Exp: 19 Year(s) Bangalore
Hello I was doing business with my one partner we have unregistered partnership deed. After business continues there is some dispute between us so my partner freeze bank debit so now we have dissolved firm and also signed dissolution deed on that we have settled of all assets except bank. On deed we have also mentioned that there is 450000 in our bank account also mention account number and branch detail. After dissolution deed my partner is denied to go bank to remove unfreeze account he thinks he will ate all bank balance but we have mentioned in dissolution deed this much amount is available in bank and this much distribution to each partner. So can I go bank directly and show them deed that give me this much amount as mention in deed or can I sue on him? Both deed partnership and dissolution is unregistered
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A. You can file a suit in a civil court asking the court to direct the other partner to act as per the dissolution agreement. The non-registration of partnership does not matter. It is a bit tricky to get a stay on withdrawal of Bank funds till disposal of the suit.
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Prabhakara S K Shetty Exp: 19 Year(s) Bangalore

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