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Tina Mittal (Freelancer)     10 August 2011

Law suit fpr partner of pvt. misuse company asset

Dear Experts,

Please give advise on this case of disputing between partners of Pvt.

XYZ Pvt. Ltd. Company formed with 2 partners 50-50% (real brothers). The managing director also one of the partner fake the balance sheet for loss, forged the signature of the other Director partner to transfer the share and many things. When the matter found, the managing Director the occupied the company and instructed securities, guards not allows another partner enter into premise of the company. At the same time he open his personal company in the name of his wife and doing the same production using the machinery, tools and materials of company XYZ which is under dispute to manufacturing products for his own company and diverted all contract signed by company XYZ to his personal one.

What the other partner - brother should do to stop further using of machinery and asset of company ZYX and preventing of swaping the good machine with the scrap one.
And under which laws the partner can file to stop further misuse of company name, asset and funds.

Thanks,

Regards,

 

 

 



Learning

 3 Replies

pervez (adviser)     10 August 2011

Suitably inform the financer / lender and file FIR for the alleged offence committed by other brother...

ajay sethi (lawyer)     10 August 2011

1)file crinminal case for cheating breach of trust , forgery aginst other director 

2) file civil suit for injunction restraining the toher partner from carrying out business in name of other company 

3) claim damages 

SACHIN AGARWAL (ADVOCATE)     12 August 2011

The advice given by Mr. Ajai Sethi is correct.


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