Draft Partnership Deed Sampath Jain

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DRAFT PARTNERSHIP DEED

THIS INSTRUMENT OF PARTNERSHIP IS ENTERED INTO ON 5th OF JULY 2021

By and Between:

1. Mrs. USHA DEVI,


Aged about 35 years,
W/o Ravindra Sharma,
Residing at No.41/A, SHREE
VEERABHADRA SWAMY NILAYA
Tavarekere, Tavarekere Hobli,
Magadi Main Road,
Bangalore South Taluk,
Bengaluru – 562 130.
PAN No:

AND

2. Mr. HABEEB ULLAH KHAN,


S/o Anwar Ullah Khan
Residing at: #20-3-140/7, Kali Pathak,
Shipli Gunj, Hussaini Alam,
Hyderabad 500 064
PAN No: AHDPH3464K

AND

3. Mr. MUPPARAJU SRINIVASA RAO,


S/o Mupparaju Rama Kotaiah,
Residing at: No: 13-184/2, Shirdi Sai Colony,
Patan Cheru Mandal, Ameenpur, Medak,
Andhra Pradesh- 502 032
PAN No: AFFPM9395A

AND

4. Mr. DILIP MUTHIYAN,


S/o

Draft for discussion.


Residing at: #155, Flat No: 201,
3rd Floor, Kalpavriksha Enclave,
3rd Main, 8th Cross, Chamarajpet
Bengaluru- 560 018
PAN No: AADHD0111J

(Referred to herein as "Partners” or individually as "Partner")

WHEREAS the parties above named intend to carry on the business in


partnership in the name and style of R. K CRUSHERS vide this Deed of
Partnership.

AND WHEREAS all the parties referred to above hereby desire that the terms
and conditions be reduced in writing to do away any avoidable disputes and
misunderstanding that may arise in future.

NOW THEREFORE THIS PARTNERSHIP DEED WITNESSETH AS UNDER:-

A. That the partnership business shall be carried on under the name and
style of R. K CRUSHERS.

B. That the business of the partnership outlet in dealing with the sales and
services of the spare parts related to crusher equipment’s’ etc. or any
other business as may be decided from time to time mutually by all the
partners to this Deed.

C. That Head Office of the partnership outlet will be at R. K. Crusher, #201,


Ajjanahalli, Chandrappa Circle, Chunchanakuppe post, Tavarekere,
Bengaluru- 562 130.

D. That no other branch may be opened under the same name and style at
any such place or places without obtaining the majority of vote from the
partners from time to time.

E. That the terms and conditions of the partnership shall be deemed to


have been commenced with effect from the 5th day of JULY, 2021

Draft for discussion.


F. That the capital required for the partnership shall be contributed by the
partners as mutually agreed upon amongst the partners.

G. That the regular books of accounts of the partnership shall be


maintained at the place of business which shall be closed on 31 st day of
March each year and each partner shall have access to the same. All the
transactions entered into by them on behalf of the firm shall be
faithfully recorded therein.

H. That at the end of each accounting year, the outlet’s accounts shall be
drawn up and the Profit & Loss Account and the Balance Sheet of the
firm prepared and the Profit and/or losses falling to the share of each
partner shall be credited or debited to the respective accounts.

I. That the Profit and Loss Account and the Balance Sheet shall be duly
signed by any two partners and upon signing the same shall be binding
and final.

J. Each of the partners has contributed to the capital of the Outlet, in cash
in agreed upon value, as follows:

1. Mrs. USHA DEVI– Rs. 6,00,000/- (Rupees Six Lakhs only) (Party
of the First part).

2. Mr. HABEEB ULLA KHAN– Rs. 4,00,000/- (Rupees Four Lakhs


only) (Party of the Second part).

3. Mr. MUTTURAJU SRINIVAS RAO– Rs.20,00,000/- (Rupees


Twenty Lakhs) (Party of the Third part).

4. Mr. DILIP MUTHIYAN– Rs. 15,00,000/- (Rupees Fifteen Lakhs


only) (Party of the Fourth part).

K. That the Profits and Losses as per Profit and Loss Account of the
partnership business shall be divided amongst the partners as under:

Draft for discussion.


1. Mrs. USHA DEVI - 40% (Forty Percentage) (Party of the First
part)

2. Mr. HABEEB ULLA KHAN - 20% (Twenty Percentage) (Party of


the Second part)

3. Mr. MUTTURAJU SRINIVAS RAO- 20% (Twenty Percentage)


(Party of the Third part)

4. Mr. DILIP MUTHIYAN- 20% (Twenty Percentage) (Party of the


Fourth part)

L. That the bank account(s) of the partnership shall be operated by the


Party of the First to this deed or as may be mutually decided time to
time.

M. No partner, without the written consent/ procuring the majority vote of


the all the other partners shall do or abet in doing any of the following
acts:

a. Sell, mortgage, assign or otherwise transfer his share or interest


in the partnership business or property.

b. Charge, mortgage, hypothecate, assign or otherwise transfer the


business, property or rights of this partnership outlet. That, the
partnership is “AT WILL” and can be dissolved at any time with
the mutual consent of all the parties to this deed.

N. That all the parties to this deed shall work diligently and faithfully to the
common advantages of the firm and shall render true and correct
information to each other.

O. That the provisions of the Indian Partnership Act, 1932 shall apply as
regards matters not expressly provided for hereinbefore in this
partnership deed.

Draft for discussion.


P. That any of the above terms, conditions and stipulations may be altered,
varied or added to by mutually taking the consent of all the partners in
writing.

Q. That all business expenses shall be borne by the Partnership outlet.

R. The powers and duties of the Partners, which shall be exercised at their
sole discretion with mutual consent (written/verbal) from partners,
shall include but not be limited to the below:

– To convert this partnership outlet in LLP or Pvt. Ltd. or Ltd. Company


as and when Partner opts to do so.

– To acquire, purchase, takeover and /or amalgamate business or


undertakings of companies or firms which under existing
circumstances, from time to time, may conveniently or advantageously
be combined with the business of the firm, to amalgamate or merge
with companies whose business are so acquired, purchased or taken
over and/or to enter into any agreement with the object of acquisition
of such undertaking and/or business.

– To go into acquisition, purchase, takeover and/or amalgamate of other


entities or vice versa as and when Partner opts to do so.

– To sell, mortgage, assign or lease and in any other manner feel with or
dispose-off the outlet or properties of the outlet or any part thereof,
whether movable or immovable for such consideration as the Partners
of the firm may think fit.
To sell, mortgage, assign, lease or dispose-off the properties/assets of
the outlet (including movable and immovable) to any person, company
or other entity at mutually agreed prices by the partners.

S. That the capital required for the business of Partnership shall be


contributed time to time by the PARTIES in such manner in all respect

Draft for discussion.


as may be agreed to between them. A simple interest @ 4% p.a. shall be
payable by the firm to the parties.

T. That any partner may draw salary, remuneration and or commission for
working in the partnership outlet if agreed upon between the partners.

U. That the books of accounts and other documents belonging to the outlet
shall be kept at the place of business only and shall at all reasonable
times, be open for inspection by any of the parties or his authorized
agent.

V. The written consent of all Partners will be required for the partnership
to avail credit facilities from any financial institution.

W.Any dispute(s) arising out of this Deed shall, as far as possible, be


settled amicably between the Parties hereto failing which the following
shall apply:

(a) Any dispute under this Deed shall be referred to arbitration by a


sole arbitrator to be appointed jointly by the Parties.

(b) The arbitration proceedings shall be held in Bengaluru in


accordance with the provisions of the Arbitration and Conciliation
Act, 1996 or any statutory re-enactment or modification thereof
for the time being in force.

(c) The Parties agree that the arbitration award shall be final and may
be enforced as a decree.

(d) The Parties further agree that subject to the above only the
competent courts at Bengaluru, India shall have jurisdiction in all
matters arising hereunder.

(e) The Parties further agree to keep the arbitration proceedings and
the arbitral award confidential.
Draft for discussion.
(f) If either Party employs attorneys to enforce any rights arising out
of or relating to this Deed, the prevailing Party shall be entitled to
recover reasonable costs and attorney’s fees.

X. Except as otherwise specified in this Deed, all notices, requests,


consents, approvals, agreements, authorizations, acknowledgements,
waivers and other communications required or permitted under this
Deed shall be in writing and shall be deemed given when sent to the
address specified in the title to this Deed. Either Party may change its
address for notification purposes by giving the other Party 10 (ten)
days' notice of the new address and the date upon which it will become
effective.

Y. That the matters for which no provisions have been made in this deed
may be decided upon by mutual consent of the parties in writing.

Z. That unless provided hereinbefore, the provisions of the Indian


Partnership Act, 1932 shall apply.

IN WITNESS WHEREOF the parties hereto have set and subscribed their
hands on the day, month and year first mentioned above.

WITNESSES:
1…….
2….

EXECUTANTS:

1. Mrs. USHA DEVI___________________________________


(Party of the first)

2. Mr. HABEEB ULLA KHAN____________________________

Draft for discussion.


(Party of the second)

3. Mr. MUTTURAJU SRINIVAS RAO____________________________________


(Party of the third part).

4. Mr. DILIP MUTHIYAN__________________________________________


(Party of the fourth part).

Draft for discussion.

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