Legal Question in Constitutional Law in India

Wrong information to registrar of firms regarding retirement of a partner from a registered partnership firm by the continuing partners.

Sir, we have a registered partnership firm (factory) of our family and I was a partner since it�s incorporation. In 2003, all other partners retired me from the partnership of the firm by furnishing a false and forged retirement-deed on a stamp-paper of which I am 100% sure that they do not have and they will never produce the original copy of my original signatures if required for the verification. Moreover, me and continuing partners did not fulfilled the other compulsory legal formalities regarding my retirement in 2003 like:

1) I did not give the compulsory notice of three months prior to all other partners to retire me in 2003 which was compulsory under section 32 of indian partnership act 1932.

2) After retiring me, the continuing partners did not give any public notice/ information to gazette regarding my retirement in 2003 which was necessary as per law.

3) I did not get any payment of my share after assessing the value including profit, in any form from the continuing partners at the time of my retirement and even my own capital is still credited/ payble in my account in the books of the firm as it was earlier.

4) I did never receive any document like retirement-deed and I was never informed legaly in written regarding my retirement by the continuing partners.

Sir, above all i got the certified copy of �A� form last to last year under RTI ACT for the fresh details of the partners from the office of registrar of firms and in that office I am still registered as a partner because that retirement deed was not submitted and informed in that office so far by the continuing partners.

Sir, a few months back, the other partners informed to the office of registrar of firms by submitting the old record (photocopy of my retirement deed) of 2003 by taking the plea of clerical-mistake for the late information and they got a new �A-Form� in which I was not shown a continuing partner but was shown a retired partner.

Sir, I want to know that can I challenge by issuing a legal notice or a simple information to the registrar of firms that �I am still a partner of the firm and other partners sent you a wrong information which have no solid documentry proof having the original documents. kindly check all the legal formalities fulfilled in 2003 regarding my retirement and check the original record� or I should inform that office in some other way ? Am I legally a partner of the firm? Also guide me what to do in this case?


Asked on 4/28/12, 5:36 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

28.04.2012

Dear Sir / Madam,

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Regards,

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Answered on 4/28/12, 6:20 am


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