Legal Question in Business Law in India

Hi I have a small fast food corner with a partner as the financier n I as the overall managing partner (operation) of the corner. I sourced out the place n with both mutual interest took the place on rent. My financier took the responsibility n got the paper done in her sole name with the owner of the premises. After that I told my partner to make our partnership deed to ovoid any misunderstanding in future but he assured me that it will be done as the business progresses so first start the project n let the revenue come in. Now the business is shaping good so constantly I m requesting him to sit and sort out the legal documentation as I m putting my entire time, knowledge n physical labor.( we only have 1 cook,n do not have enough required staff, so have I to do every thing from sweeping,mopping,marketing,guest order taking,serving as a waiter,preparing dishes,serving,billing,dish washing,staff requirement etc,).Now as I verbally told him that I will be taking a day off on every Sunday's and if he wishes can come ( on any Day ) specially on Sunday n look after the business operation in my physical absence, but can call me on my cell if required so that I can assist if any problem but instead he sends his cousin n he in turn interferes in our operational issues,on the instruction of my partner which I told him that this extremely disturbing n not except able,as I still don't have a partnership papers on the table n even the sole staff is confused that who is the boss n who's order,instruction n daily cash to be handed over to be follow or respected.Lately I strongly told our mediator my version n she in turn sent him the mail to clear out all the issues by first making a partnership agreement,in return he mail a letter to her that the partnership deed cannot be made now unless so n so things r done n after MAY BE 3 months he will see if the business has the capacity to run profitable only then.I had also pointed out about my monthly fixed package (remuneration) as a managing partner, because from day ONE I have not got a single penny and I expect some kind of monthly cash remuneration to survive so that I can support my family. Even this he is not agreeing saying I m a partner and not a employee so, no monthly remuneration,as all will be looked into after P/L will be done.Overall I think he is being greedy as the business is set up n I have paper in any form for me to fight, so I m planning to back out, CAN I ask him to pay my dues n how so that we sort out amicably if not what Can I do to get my hard work money from him as I don't want to waste more time.

Please Advice,

Thanks, Huzaifa


Asked on 3/14/15, 1:32 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

16.03.2015

Repeat query. Already answered. Lawguru posting the same query again and again for Attorney's reply.

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Answered on 3/16/15, 11:07 am


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