Legal Question in Intellectual Property in India

We started a hospital under registered partnership firm a year ago. 2 months back we made and agreement to transfer my shares to my partner once he pays me an agreed amount within stipulated time period. Without paying me the amount he leased out the hospital to third party. He has paid me half of the agreed amount while has dishonored cheques of rest half amount.

is there any legal remedy where i can seek to receive the part of the rent by the third party to me or the to be deposited in the court? If yes, under what section/law i should proceed.


Asked on 9/08/15, 6:25 am

1 Answer from Attorneys
Vivek Mapara Vivek N. Mapara

Sir

First of all, if the Hospital was run by a Partnership Firm, and if you are one of the Partners, then official lease of the Hospital cannot be made by only one of the partners, without authority of the another partner, unless, the partnership authorizes such partner to act solely.

Second, If cheques are dishonored for rest half amount, then remedy to file 138 compliant and section 420 IPC is available.

To recover such amount you can certainly file a suit, directing garnishee order directing lessee to deposit the amount in court and not pay to the partner.

However, need to review all documents and facts, before giving you appropriate official legal advise.

Let me know, should you have any questions.

Vivek N Mapara

vnmlaws.com

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Answered on 9/08/15, 10:42 am


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