Hi,
In a registered Partnership Firm A,B & C are the Partners. Partnership has been created under 'At Will' and 'A' being the Managing Partner. The Partner 'C' is not committed to his work as he himself engaged with other businesses and also, not invested any amount as mentioned in the partnership deed and his code of conduct is not good as well.
Though sending 'N' number of legal Notices (via Registered Post to his Residential address) and Reminders, he didn't even participate in any of the General Meeting or Extraordianry General Meetings which was arranged by the other 2 partners on behalf of the Firm to show cause for the grounds mentioned above. Since he neither turned up in person nor send a proxy, the other two 'A' and 'B' (majority of the partners) have decided to exercise of the power to expel that 'C' parnter under Section-33, Indian Partnership Act, 1932, and also sent a Notice for the same to the concerned. Also, Minutes of the Meeting has been prepared and special resolution has been passed by the majority of the partners to expel the 'C'.
Here, with regard to expulsion, I would like to know whether both partners, 'A' & 'B', has to give public notice in any of the vernacular newspaper BEFORE registered with Registrar of Firms about expulsion OR AFTER registering about expulsion of Partner, the other two has to give the public notice? Or Are we need to get a Court order for this? Or we need to publish in Government Gazette? Or Is there any Proceduure/Guidelines/Order to be followed? Kindly clarify me.
Appreciate your immediate respond.
Thanks in advance!
CAclubindia
