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between
1. Mr. ABC, aged 46 yrs son of …….., residing at (Adress) Kochi – Pin code
which expression shall, unless it be repugnant to the subject or context
thereof, include his legal heirs, successors, nominees and permitted assignees
and hereinafter called the FIRST PARTY, and
2. Mr. DEF, aged 45 yrs son of ………, residing at (Address), Kochi – Pin Code
which expression shall, unless it be repugnant to the subject or context
thereof, include his legal heirs, successors, nominees and permitted assignees
and hereinafter called the SECOND PARTY,
3. Mr. GHI, aged 35 yrs son of ………..,residing at (Address), Kochi, Kerala – Pin
Code which expression shall, unless it be repugnant to the subject or context
thereof, include his legal heirs, successors, nominees and permitted assignees
and hereinafter called the THIRD PARTY, and
4. Mr. JKL, aged 45 yrs son of ………….., residing at (Address), Kochi – Pin Code
which expression shall, unless it be repugnant to the subject or context
thereof, include his legal heirs, successors, nominees and permitted assignees
and hereinafter called the FOURTH PARTY.
WHEREAS the parties to the first to fourth parts here by agreed to carry on business
in partnership bound by the Indian Partnership Act 1932 under the following terms
and conditions :-
2) The Object of the business of the Firm shall be Interior Design and
execution for Home and Offices, to carry the business of Interior
designing consultancy, execution, manufacturing of interior products
for home and offices, modular kitchen, and any type of furniture. The
object of the business also includes import and export of interior
products for home and offices, distribution and establishing retails
shops of interior products , kitchen appliances, kitchen accessorizes,
home appliance and modular and any type of furniture or any other
businesses as decided by the Partners from time to time.
a) First Party : 25% ie Rs. 25000/- (Rupees Twenty Five Thousand Only)
b) Second Party : 25% ie Rs. 25000/- (Rupees Twenty Five Thousand Only)
c) Third Party : 25% ie Rs. 25000/- (Rupees Twenty Five Thousand Only)
d) Fourth Party : 25% ie Rs. 25000/- (Rupees Twenty Five Thousand Only)
6) That all the PARTIES referred above shall be Working Partners and shall
attend diligently to the business of the Partnership and carry on the
same for the greatest advantage of the Firm.
7) That all the WORKING PARTNERS may be paid salary for the work of the
FIRM as may be agreed mutually from time to time between the
PARTIES in accordance with the provisions of the Income Tax Laws as
well as business necessities and other factors, subject however, that
the monthly Salary to each such Partner shall be agreed in black and
white by all the above four partners.
9) That the Profits or Losses, as the case may be, of the Partnership
business (after charging depreciation, partners salary, commission and
interest on partners’ capital account and provision for taxation) shall
be divided among the Partners according to the percentage of shares of
each partner has.
12) Upon mutual understanding, each Partner or his duly authorized agent
shall have free access to the account books of the Partnership and shall
be entitled to take copies or extracts from any or all such books and
records of the Partnership Business.
13) That no Partner shall have the right to sell, mortgage or transfer his
share of interest in the FIRM to anyone else except to his heir or heirs
or any one of the existing Partners or to their heir (s). In the event of
heir (s) selling his/her share to anyone else, the existing Partners shall
have a right or pre-emption in respect of such share (s) sold.
14) That the Partners shall keep or cause to be kept the books of account of
the FIRM at the principal places of its business and make all entries
therein, and that all such books of account kept shall be closed on 31st
March every year or in the case of any necessity on any other date as
the Partners may mutually decide.
15) That no Partner shall do any act or thing whereby FIRM or the FIRM
property may be prejudicially effected.
16) That the terms of the Partnership Deed may be altered, added to or
cancelled by the written consent of the Parties to this DEED.
17) That the partners can open the bank account of the firm, in any bank
and bank account shall be operated either by the First or Second party.
The Cheques, Demand Drafts etc. which are paid by the customers
regarding the conduct of business to this Firm’s name will be deposited
in the partnership Firm’s account.
18) That the partners shall not take any loan on behalf of the FIRM from
any person/Financing Company, bank or any other Govt./Pvt.
Department in any case, without the written consent of each other
partners.
19) Goodwill of the Firm on the date of this deed is valued as NIL
21) Any provision of this deed may be altered varied or deleted if all the
partners agree to the same in writing and the provisions so altered
shall form part of this deed as soon as the same is reduced into writing
and signed by all the partners.
22) That in the case of any dispute arising out of this DEED between the
Parties of this DEED, it shall be decided by Arbitration as provided for
under the Indian Arbitration Act. All disputes or differences whatsoever
which shall either during the continuance of this partnership or after
the termination thereof arise among the partners (including retired
partners and their legal heirs) touching the present agreement or the
constructions or applications thereof or any clauses or things therein
contained or any account, valuation or division, to be made thereon or
as to any act, deed or omission of any partner or as to any other matter
in any way relating to this partnership, or the assets or liabilities
thereof or the rights, duties or liabilities of any partner under this
agreement shall be referred to arbitrators nominated by each parties to
the dispute or his heir or legal representative and in case of difference
of opinion between the arbitrators, the arbitrators shall refer their
matter of difference, to any umpire appointed by the arbitrators, in
accordance with and subject to the provisions of the Arbitration and
conciliation Act, 1996 and any statutory modifications or re-enactment
thereof and the award or awards of such arbitrators, or umpire as the
case may be, shall be final and binding up on all parties to the said
dispute and to this firm.
Notwithstanding anything contained in this deed the partners shall modify, alter
or annual any of the terms and conditions of this Partnership deed in any
manner whatsoever they think fit from time to time, in writing by the parties
hereto without drawing up a fresh partnership deed.
IN WITNESS WHEREOF the following Four Parties hereto have set and
subscribed their respective hands to these presents the day, month and year first
written above.
1) MR. ABC
(Party of the First Part)
2. MR. DEF
(Party of the Second Part)
3) MR. GHI
(Party of the Third Part)
4) MR. JKL
(Party of the Fourth Part)
WITNESSES :
1)
2)