parnership problems

First Consult your partnership deed for respective rights and obligation of the parties/partners interse. Then initiate approprite legal proceeding against erring partners including compensation for damages.

Legal proceeding would be generally filing of civil suit (or criminal complaint, if there is malicious breach of fiduacuary obligation) against the erring partners.

If there is Arbitration clause in the partnership deed, you should go for Arbitration instead of civil suit.

Sri Satyaprakashji,

If there be a Arbitration Clause in the Partnership deed or any other commercial agreement, it is compulsory to refer the disputes to the Arbitrator First or the parties can move to the Court without recourse at arbitration  to save time and for quick Justice.

Dear Mr.Ruia,

In case there is an Arbitration Clause in an Agreement, the dispute is to be first referred to an Arbitrator.

The arbitrator's award can then be challenged by the aggrieved party in a Court.

Yes, Mr.Ruia,

If there be a Arbitration Clause in the Partnership deed or any other commercial agreement, it is only Arbitrator who has jurisdiction over the dispute referred in those deeds/Agreements.

However, whether there is any arbitration Agreement or that arbitration Agreement is relatable to a particular dispute is matter of interpretation and construction.

Anyway, arbitration proceedings are quicker than court proceedings.

I had started a business with four parners myself (A), B, C & D and the partnership deed executed on 15-02-2005. The partneship was not registered. On 31-03-2007 ' D ' retires from the partnership and a dissolution deed had been executed showing his retirement. After this no formal partnership deed was written among the remaining partners. On 17-11-2009, 'B' and 'C' showed their inability to run the business and the dissolution deed had been executed showing their retirement. The original copy of dissolution deed was not returned by them after signing due to reason best known to them. In the meantime, they misused some signed cheques(under the account operation directions any two of the partners can sign the cheque) of the firm by  putting second signature of 'B' and filling the name of their close aids and huge amount and filed the case in court. They also becomes party alongwith me in these cases. By putting the pressure of court cases and assurance to withdraw the same,  on 11-06-2010 they again becomes partner in the firm and a partnership deed was executed. The original copy is with them and the same is not given to me inspite of my repeated requests.

Now the business activity in the firm is NIL since last one year. I am paying the rent of the land as the same is in my personal name. Machinery is in pitted condition. I want to start my own business but could not do as the fear of stay order from my partners. Please sugest me the legal remedy. How I can get away from the partnership.

Thanks

It appears that you have made mess of your case.

1st provide following information to see what can be done:

1)  original documents which are in possession;

2)   true copies of original documents are in possession;

3)  detail of case referred by you;

4)  proof you have to prove the facts stated by you viz. 'B' and 'C' showed their inability to run the business, or cheque given to their close aid, your requests for partnershi deed etc.