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DELHIADVOCATE

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Notices

 

Registered A.D.

Dated:

To,

_______________

_______________

_______________

_______________

 

Sub: Notice for dissolution of Partnership.

 Dear Sir,

 Please take notice that you have committed the following deeds of misconduct as a partner of the firm as well as in your relation with me:

 1.   That all along these_____________ years of the partnership business you kept me in dark about the performance of the business and never showed me the books of accounts, denied me the access to the important papers of the business viz., the registered partnership deed, the power of attorney of the business place, the bills of the purchase of the machinery employed in our business, the bills of cost incurred in the construction of the business premises and the books of sale and purchase of the firm even on my repeated requests and on one pretext or the other.

2.    That whenever I asked you about the performance of the business, you always told me that the business is doing well and earning a lot of profits, however, you never allowed me to withdraw even a single penny out of our partnership business on the pretext that it won’t be in good-health of the firm to withdraw any amount till the firm is properly established. Even on ________, when I was in utter need of money, you did not allow me to withdraw any money from the business, and, further you refused to show me the books of accounts and render the account.

3.    That you have already misappropriated a large amount of money belonging to the partnership business, and, further that you have since long been calling prostitutes and other unsocial elements in the partnership business place and have spent a large amount of money belonging to the partnership business on them.

4.    That on ___________, I caught you red-handed in the company of a prostitute in the partnership business place and protested for your misconduct in the partnership business place.

5.    That again on _____________, I caught you red-handed along with your friends ____________with two prostitutes in the partnership business place, and, on my making protest about your misconduct at the partnership business place, you used filthy and abusive languages against me and told me to get out of the business premises or else you will break my tooth and kill me and in the process you pushed me twice towards the door.

6.    That on ___________, I asked you to dissolve the partnership business with immediate effect and render the accounts, show all the books of  accounts, the registered partnership deed, the power of attorney of the business place, the bills of the purchase of the machinery employed in the business, the bills of cost incurred in the construction of the business premises and the books of sale and purchase of the firm. On this you pushed me aside, threatened me with dire consequence and told me that all the aforesaid business documents are in your custody and that you will not show me those documents. And you further told me that you will not give me even a single rupee let whatever I do, you will not render any account to me and that you have already misappropriated a huge sum of money from the partnership business but I cannot do anything against you because you have the custody of all the documents. You further warned me that I should leave the business place immediately or else you will kill me and further that if you see me in the business place again you will break my legs and throw me in a ganda nala (dirty drain).

7.    That on _______________, I saw you making construction in the open area of the partnership business place without my consent, knowledge and intimation. On my asking to stop the construction which is being carried out without my consent and to dissolved the partnership business with immediate effect and to render the accounts of the partnership business you pushed me out of the partnership business place with the help of your two friends___________ who were along with him and threatened me with dire consequence and told me that you will not render any account to me and that you will not give me even a single rupee let whatever I do, whether report to the police or go to the court. Further, you told me that you are already in the process of selling the entire raw materials and the finished goods as well as the entire machinery used for the manufacture of the ____________ to one of your friend and that the sale would be completed within a five to ten days, and then, I will not be able to do anything against you. You further warned me that I should not visit the business place again or else I will not go alive.

8.    That subsequent to my filing of the suit for permanent injunction on _________ in the Court of Hon’ble Senior Civil Judge _________ which is now pending in the Hon’ble Court of ________ you made threatening calls to me on __________ morning to withdraw the aforesaid suit from the Court or else I will be killed and you told me that you are in the process of selling / removing the entire machinery used for the manufacture of the ___________ from the partnership business place which sell / removal would be completed within four-five days.

9.    That on ________ night between 10.30 PM to 12.15 AM one of your friend ________ made ten - twelve telephone calls at my residence and used filthy languages and abused me, my wife, father and children and threatened us with dire consequences saying that I have said much in the Court, now it is his turn - I should be careful from now onwards.

10.That on the _______ night  between _______ to _______ PM you and your friend _________ again made six - seven telephone calls at my resident and used filthy languages and abused me, my wife, father and children and threatened us saying that you will involve me in some false criminal case with the connivance of some police officers of ___________ police station and a woman.

Please note that on account of the aforementioned deeds of misconduct I, the partner of  M/s _____________, in exercise of power under clause No. _________  of the partnership deed dated ________ executed by you and me and which was subsequently registered on __________ before the Registrar of Firms, ______, do hereby give you this notice in writing thereby determining the partnership firm of M/s __________, aforesaid between you and me with effect from the date of receipt of this notice by you..

 

 Copy retained for record and further necessary action.

Advocate

 

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Last Updated: 15 July 2010