Querist :
Anonymous
(Querist) 05 January 2011
This query is : Resolved
dear sir, I was partner in the firm which was created in jan 2007 with registerd partnership deed,business was of distribution fmcg products we were 3 partners.In Nov 2008 i was not well an my other partner also was not interested in carrying the business so one of the partners added new partners replacing us.Now our capital in the firm was there on 30-11-2008 which new partners have mentioned in the deed that they will pay in six months.But after marathon requests n follow up they are coming with new stories every time saying there is no account maintained and we do not have any data.The said Firm has been shut down after a year of operation with new set of partners.The continuing partner and new admitted partners have join together and are not showing any interest in giving our money.They are very reputed and powerful persons having good influence in the town.The accounts have not been made and without that also they are saying there was a loss.I am really confused and my whole life stage is on it,kindly help me out please.The place of incident was SURAT.
R.Ramachandran
(Expert) 05 January 2011
Consult a local lawyer immediately. You have to file a suit for rendition of accounts and recovery of money. Being a businessman, I do not know why you did not take action for such a long time.
Kirti Kar Tripathi
(Expert) 05 January 2011
I agree with Mr. Ramachandra. You file a suit for accounting and recovery of money immediately also seek injunction against continuing business till suit is decided.
adv. rajeev ( rajoo )
(Expert) 05 January 2011
If you are retired from the partnership firm then you will have to file recovery suit to recover your capital. If not yet retired then file a suit for rendition of accounts.
Amit Minocha
(Expert) 05 January 2011
File a suit seeking rendering of accounts as well recovery of you money, make partners also a party to it. Also seek attachment of proceeds till pendancy of suit.
Querist :
Anonymous
(Querist) 07 January 2011
dear sir, The reason of delay was only that the person who was partner in the firm was C.A by profession (His wife was partner) and very very powerful person he use to call us every time at regular intervals and narrate the stories which took so long.Sir is there any time limit to file the suit?sir can i file the suit from my city which is 35 km from the original place?the firm was registered at surat but now that the firm is totally shut down which is the ideal path.kindly guide please.
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