Legal Question in Business Law in India

Re : Company & Partnership

Hello Sir,

I have a question for which your valuable advice is required.

A Company having regd. office at place '' A '' and having branch at place '' B''. One of the Director of the Co. entered into an Agreement in his personal capacity with Mr. X regarding share of profit / loss. Whereas, the Company is paying Commission on Sales to Mr. X regularly. Now Mr X is asking for his share from the Director and has stopped depositing cash into the bank and taking full control of business in his hands. Now the Company wants to take necessary steps against Mr. X for his such acts so that the shop and cash comes into their hand. Please advice in which place either '' A '' or '' B'' the Company should file case against Mr. X and what type of case.

Thanks in advance.


Asked on 7/15/09, 6:30 am

3 Answers from Attorneys
Pranav Desai PD Legal & Associates

Re: Re : Company & Partnership

Company should file a case against Mr. X. Further, both civil and criminal case can be filed against MR. X.

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Answered on 7/18/09, 3:12 am
Rohini Kumar Tenneti R.K.1080 LEGAL SERVICES

Re: Re : Company & Partnership

Your question relates to company and you are talking of individual profit and loss sharing,its not possible as per the companies act.If its a partnership firm then the firm may sue Mr.X on filing a cheating case.

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Answered on 7/16/09, 11:20 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Re : Company & Partnership

The company may want to engage a lawyer to pursue its remedies against X. The place of jurisdiction may be decided by the concerned lawyer after examining all the relevant documents.

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Answered on 7/15/09, 11:15 am


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