Opening bank a/c of partnership firm after illegal Expulsion
Dear Sir, I am a partner in a partnership firm along with two other partners (who are husband and wife) other then me. The ratio was 30% me, 30% husband and 40% wife. The partnership is "AT WILL" with no clause of expulsion by majority partners. While formation I agreed to signing by "ANY TWO" partner without realising the consequences.
They siphoned off huge sum of money by colluding with each other. When I objected we had a clash and I was forcefully restrained from entering my business premise.
I sent a legal notice in my name and asked them to give me books of account and also asked them to restrain from doing any activity without me in October 2021. I also got the bank account of the firm FREEZED. They replied in November 2021 and accused me of certain wrong doings and also mentioned that I have been EXPELLED by the majority partners (Husband & Wife).
I did not reply to this notice and moved to Commercial Court in May 2022 to get a permanent injunction and settlement of account. The court's decision has not come.
I have come to know that they have opened another bank account in the name of the firm using same PAN number and they have sold the assets of the firm though I have not signed any RETIREMENT Deed and I am still shown as a partner in the records of the "REGISTRAR OF FIRMS"
My query is
1. how they could have opened the bank account when the partnership deed in the record of "Registrar Of Firms" has my name present.
2. Is it possible that they are relying on their reply to my notice where they stated that I have been expelled.
3. Is it a fit case for 467, 468, 472 & 120B,