Legal Question in Civil Litigation in India

About rights of a director in the company.

Dear Sir/Madam,

In 2003 I got assosiated with 3other friends of mine and formed an inbound travel company. At present the company is doing well in terms of business. But my 3partners have formed a new company with two other peoples, when I was not present in office. The nature of business is same as before. I know that they have done this to apart me from profit sharing.

So kindly let me know what leagal steps can be taken from my side?


Asked on 6/23/08, 9:03 am

5 Answers from Attorneys

Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Re: About rights of a director in the company.

Dear friend,

In subject matter you've mentioned that you are a director in the company as excerting rights, is this?,

then I shall presume it to be a private limited company incorporated under compaies act of 1956, but not under any partnership act 1932 is this ?, then ask the registrar of compaies to adduce the details with pertains to memorandum of articles, nature or line of business you very contracted earlier with those of your 3 friends and duly take decession to give notice or bring knowledge to the registrar of companies with respect to the newly formed company.

Thank You,

best regards,

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Answered on 6/30/08, 2:27 am
G. M. Gupta gmguptaandassociates

Re: About rights of a director in the company.

if u have given anything in contract then u can sue them for damages.. otherwise i need to go through ur contract to advice u properly

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Answered on 6/24/08, 7:59 am

Re: About rights of a director in the company.

First, look for your rights in the partnership deed you guys signed, if any.

Immediately have a notice in the local newspaper that your company is not associated in any way with this new company, etc.

Send notice to your friends for dissolution of partnership, rendition of accounts & breach of contract depending upon your partnership deed/contract with your friends.

After that, file a civil suit for above relief.

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Answered on 6/23/08, 10:48 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: About rights of a director in the company.

You can issue legal notices to the partners thru your local advocates after perusing your partnership contract terms.

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Answered on 6/25/08, 12:11 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: About rights of a director in the company.

Is there any partnership deed which you have signed?

You should follow the mentioned steps:

(1) Issue a notice in the newspaper stating that your company is not associated with the new company.

(2) Contact a local lawyer and send a legal notice to your partners for dissolution of partnership, accounts settlement and other terms which depands on the deed if there was any.

(3) File a civil suit for the relief.

In case of need please contact with details.

Professional charges are applicable.

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Answered on 6/24/08, 12:28 am


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