A Partnership firm constituted in 1975 with following share holding ratio PArtner A- 20% partner B- 20% partner C- 20% partner D-20% partner E - 20% While consequenty the partnership deed was amended in 1990 with only the shareholding pattern was changed as follows. partner A- 5% partner B- 20% partner C- 20% partner D 20% partner E- 20% Partner A& B have entered into a rent agreement for 5 years with a third party without consent of the other 3 partners in 2011. Partners C, D & E have done legal case in the city civil for termination of agreement and filed chamber Summons in sessions court bombay for payable rent which got rejected as in main suit only pray was for termination of agreement and not creating third party , So thereafter they have filed an AO in high court bombay which is pending to be called for but it is been almost 5 years that theyhave not been paid their share of rent while partners A&B are taking there shares of rents ie.20% each. In the court they are just getting dates and the party is enjoying thier premises by just paying the rent to the 2 partners in their respective ratio. Partners have got statasco order from court but the status quo order was only it seems they will not create third party which even they have giben in writing and has become absolute . But the contention is that the partners A & B may renew the rent agreement which is due shortly. without other partners i.e C, b & E concurrence. Please advice how shall other partners can stop THE RENEWAL OF AGREEMENT AND RECOVER their rent.
