Saturday, November 25, 2023

Deed of Partnership

 

 

                                                            DEED OF PARTNERSHIP

 

THIS DEED of Partnership made at Kolkata, West Bengal, this     day of December 2014 among Mr. ZAKIR MONDAL, son of Samsher Ali Mondal, Muslim in habitant, resident of Dakshin Ramchandrapur, P.O.Narendrapur, P.S. Sonarpur, Kolkata-700103, District- South 24 Parganas of the ONE PART. Mr.BASUDEV TALUKDER, son of Jagganath Talukder, Hindu in habitant, resident of Kalitala Yaba Sangha, P.O. Laskarpur, P.S. Sonarpur, Kolkata-700153, District- South 24 Parganas of the SECOND PART. Mr.MALAY BHOWMICK, son of Narayan Bhowmick, Hindu in habitant, resident of Kalitala Yaba Sangha, P.O. Laskarpur, P.S. Sonarpur, Kolkata-700153, District- South 24 Parganas of the THIRD PART. Mr. TARUN CHOWDHURY, son of Kanai Chowdhury, Hindu in habitant, resident of Laskarpur Lake Garden Pally, Unnayan Samity, Jyostna Sarani, P.O. Laskarpur, P.S. Sonarpur, Kolkata-700153, District- South 24 Parganas of the FOURTH PART.

 

 

 

 

 

 

WHEREBY IT IS AGREED that the parties hereto (hereinafter together called the partners) shall become partners in the business of Promoting/Developing the building Construction and supplier of building materials etc. with effect from 4th December upon the terms and conditions hereinafter contained namely:

1.     The partnership shall be carried on the name and style of “M/s MTBZ Enterprise” a Building material supplier and Promoting/Developing the building Construction.

 2.     The partnership business will be carried on at “M/s MTBZ Enterprise” P.O. Laskarpur, P.S. Sonarpur, Kolkata-700153, District- South 24 Parganas and/or at such other place or places, as shall be agreed to by the partners from time to time.

  3.     The capital of the partnership shall be Rs.1,00,000/-(Rupees one lakh only) and it shall be contributed by the 1st party i.e. Rs.25,000/-(Rupees twenty five thousand only), 2nd party i.e. Rs.25,000/-(Rupees twenty five thousand only), 3rd party i.e. Rs.25,000/-(Rupees twenty five thousand only), and 4th party i.e. Rs.25,000/-(Rupees twenty five thousand only),

The further capital if any required by the partnership shall be brought by the partners and such additional capital brought by the partners shall be treated as loan to the firm and shall be paid interest on loan mutually decided by the partners out of the gross profit of the firm.

 4.     The partners may agree to increase the capital of the firm by bringing additional contribution in the proportion of the shares held by them in the initial capital of the firm. At the time of increase of the capital, the additional capital of the partner or partners may be adjusted against the increased capital.

 

5.     The bank account of the partnership shall be opened in any bank and the operation of bank account shall be mutually decided by the parties. The bank account of the firm shall be operated upon by jointly.

 

6.      The net profits of the business shall be divided between the partners in equally of the capital and they shall bear all losses including loss of capital in equally.

 7.     The firm shall maintain usual account and other books at the place of business and they shall be kept properly posted up to date and shall not be removed from the place of business without the consent of all the partners. Each partner shall have free access to the books of account of the partnership at all times and shall be entitled to make such copies or extract therefore as he may think fit.

 

8.     Each partner shall-

a)     Be just and faithful to other partners in the transaction relating to partnership business;

b)    Pay his separate debts and indemnify the other partners and assets of the firm against the same and all other proceedings, costs, claims or demands in respect thereof;

c)     Give full information and truthful explanation of all matters relating to the affairs of the partnership to all the partners at all times.

 

9.     No partner shall without the consent of the partners:-

a)     Engage in any other business directly or indirectly.

b)    Lend money or give credit of the goods of the firm to whom the other partners have previously forbidden him to trust.

c)     Mortgage, charge or assign his share in the assets or profits of the firm.

d)    Draw, accept or indorse any bill of exchange or promissory note on account of the firm.

e)     Engage, remove or dismiss any apprentice, employee or agent of the firm.

f)      Give any security or promise for the payment of money on account of the firm except in the ordinary course of business.

g)     Give bail, bond or guarantee or become surely for any person or do or knowingly suffer any thing to be done where the partnership property may be endangered.

h)    Compromise or compound or, release or, discharge any debt due to the partnership.

 

10.                         The Books of Accounts of the partnership Business shall be closed on the last day of March of every financial year. The Books of Accounts of the firm shall be kept at the office of the business and shall remain open for inspection of the partners at any reasonable time.

 

11.                         A new partner may be introduced with the consent of all the partners on such terms and condition as the partners agree with the person to be introduced as a partner, in the firm.

 

12.                         That in the event of death of any of the partner the firm shall not be dissolved but the heirs, executors, administrators, representatives and assigns of the deceased partner may step into the shoes of the deceased partner in his place or stead of the firm if legal heir/heirs agree.

 

 

13.                         If a partner retires (prior one month notice necessary) or becomes insolvent, then the partnership will not be dissolved, and the remaining partner shall have the option to purchase the share of such partner and the purchase price shall be calculated as given in the preceding clause.

 

14.                          All outgoing and expenses of the partnership and all losses or damages incurred, interest payable for any loans received and taxes, etc. shall be paid first out of the profits, next out of capital and in the case of further deficiency, by the partners in the shares in which they are entitled to the net profits of the partnership business.

 

15.                         All partnership moneys, bills, notes, cheques and other instruments received by the partnership shall as and when received be paid and deposited in the bank to the credit of the firms’ account, except such as are immediately required to meet the current expanses of the partnership firm.

 

16.                         All transaction of the firm shall be done in the name of the partnership and all goods shall be purchased or sold in the firm name. All the bills, vouchers, delivery notes, receipts, etc. shall be issued in the name of the firm.

 

 

17.                        Upon the determination of the partnership by efflux of time or in the case of death, retirement or expulsion of a partner from the partnership , the surviving or other partner shall not exercise the option of purchase the share and interest of the deceased, retired or expelled partner or the partnership is determined by any other event not herein otherwise provided, a full and general account of the assets, credits, debts, liabilities of the partnership shall be taken and the assets and credits shall be sold, realized and the proceeds shall be applied in paying and discharging debts, liabilities and expenses of and incidental to the partnership business and the winding up affairs of the partnership affairs and subject thereto in paying to each partner any unpaid profits which may be due to him and his share of the capital and the balance of such proceeds shall be divided between the partners in the shares in which they are entitled to the net profits of the partnership and the partners shall execute, do or cooperate in all necessary or proper instruments, acts, matters and things for effecting or facilitating the sale, realization and getting in of the partnership assets and credits and the application and division of the proceeds thereof and for their mutual release or indemnity or otherwise.

  

18.                         Upon the determination of the partnership, each partner shall have the option to purchase the goodwill of the partnership on a price as agreed to by the partners, and if no partner exercise the option to purchase the goodwill, the same shall be sold to a willing purchaser, PROVIDED THAT it upon any such determination as aforesaid of the partnership, the business thereof shall be sold as a going concern, the goodwill shall be sold along with the business. No partner (unless he is the purchaser of such business) shall directly or indirectly carry on or be concerned or interested in a completion of sale of goodwill. The value of the goodwill shall be considered as an asset of the firm and will be added to and form part of the sum payable to all the partners on the dissolution of the partnership.

 

19.                         All disputes and differences whatsoever which shall arise between the partners or between the partners and the personal representatives of the deceased partner relating to any matter whatsoever touching the affairs of the partnership or the interpretation of this agreement and whether before or after the determination of the partnership shall be referred to a single arbitrator, if the parties agree upon one, otherwise to four  arbitrators one to be appointed by each party to the difference in accordance with and subject to the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force.

 

20.                         All the other matters for which no provision is made in this deed. Shall be decided by the majority of the partners for the time being of the partnership.

 

IN WITNESS WHEREOF, the parties hereto have hereunto set and subscribe their respective hands the day, month and year first hereinabove written.

 

 

WITNESSES: -                                                    -----------------------------------

 1.                                                                           (Mr. ZAKIR MONDAL)

                                                                             Signature of the First partner

 

2.                                                                       -----------------------------------

                                                                              (Mr.BASUDEV TALUKDER)

                                                                            Signature of the Second partner

3.

                                                                            --------------------------------------

                                                                               (Mr.MALAY BHOWMICK)

                                                                           Signature of the Third partner

     

                                                                         

                                                                           -------------------------------------

                                                                              (Mr. TARUN CHOWDHURY)

                                                                            Signature of the Fourth partner

                                                                                         Identified by me                                                                                                                                                                                                            

                                                                                                    Advocate 

                                                                                                         

Drafted by :-

S. Sutradhar

 Advocate.

Alipore Judges Court

Kolkata- 27

 

Computer Print by:-

Avijit Laha

“JOY MATAJI PRINT”

Alipore Judges Court

Kolkata- 27.

 

No comments:

Post a Comment