Rendition of Accounts Affidavit

Rendition of Accounts Affidavit

IN THE COURT OF _________


CIVI SUIT NO____

____ S/o ____, resident of ____

……..PLAINTIFF


VERSUS

1- ____S/O ____ R/O ____
2- ____ S/O ____ R/O ____
3- ____ S/O ____ R/O ____

……….DEFENDANTS


SUIT FOR RENDITION OF ACCOUNTS WITH A CONSIQUENTIAL RELIEF OF PERMANENT INJUNCTION

RESPECTFULLY SHOWETH:

1- That Respondents have entered into a ____ firm with Plaintiff on ____ day ____ in the name and style of ____ presently at ____. It is pertinent to mention here that on ____ the respondent no 1 started the business as a ____ instead of ____ keeping the plaintiff that it is a ____ firm. But the same was not reduced in writing and respondents induced Plaintiff that the same is in writing and after a long persuasion the same was reduced in writing on ____. The firm was floated for a purpose of Profession of ____ Activities and all such avenues related to the said. In which Plaintiff was working partner doing all jobs to execute the work on site as well as acts to meet out the expenditure for execution of work. Plaintiff has invested a working capital of ____ initially and he was the partner of ____ in profit and loss.

2- That after inception of the partnership with the defendant, plaintiff relied upon the Defendants being in good terms with him and the business of the said firm was being looked after by the Defendant No. 1 as ____. The entire stock, cashbooks of accounts and all other movable and immovable properties of the said firm were in the hands of the Defendant No.1.

3- That owing to some feelings of biasness against the plaintiff the Defendants started concealing material information of the firm and also started obstructing the ingress and egress of the Plaintiff in said firm with the sole purpose to disallow him from participating in the business of the firm. Whenever, the Plaintiff wanted to know about the transactions of the said firm in the capacity of a Partner, the Defendants always reluctant and never allowed him to have any inspection of Books of Accounts, Ledger or Bills etc or any Stock Register or any Balance Sheet of the firm showing any loss & Profit of the said firm during a particular financial year and thereby causing heavy financial and pecuniary losses to the Plaintiff.

4- That the plaintiff was working as a ____ and was to out for the ____ of the customers thus he was not aware of the official activities. The defendant no 1 was fully responsible for obtaining ____ from the ____.

5- That as per the terms of the partnership the partners will withdraw a salary of ____ per month. Instead of doing so the respondent no 1 & 2 were withdrawing a salary of ____& ____ respectively without any authority and permission.

6- That the Plaintiff also came to know on or about ____ that the Defendant No.1 has not deposited ____ and was using the same for his benefits, the Defendants intended to wind-up the firm without obtaining any consent of the Plaintiff and with the intention to defraud the Plaintiff, and to shift the business to the proprietorship firm floated by him. Such action was not in consonance of all the partners of the said firm and thus the Defendants acted in breach of conditions of the partnership deed, which is against the interest of the plaintiff. That after the great efforts of Plaintiff the firm is doing business as on today is of ____ Per Month. Plaintiff devoted his precious __ years of his life and knowledge in setup of the business. Whereas the partner/respondents no 3 is the ____ of partner/respondents no 1 who has no contribution in setting the business and is doing service of same nature in ____.

7- That Plaintiff so many times asked respondent’s to give the accounts and settled the account, up till the date, but all in vain. It is pertinent to mention here that all respondents were doing so many illegal activities for which Plaintiff so many times pointed out that it is wrong but keep Plaintiff mum on one reason or the other. Plaintiff talked to on phone to settle the matter other wise Plaintiff will leave the firm, but all in vain.

8- That there is no other suit or proceeding pending or decided previously between the parties on the same cause of action and on the same subject matter.

9- That cause of action to file the present suit accrued to the Plaintiff to file the present suit firstly when the defendant refused to stop illegal activities of the firms and when the defendants did not render true accounts of the firm before the plaintiff & did not allow the plaintiff to participate in the business of the firm and to allow egress and ingress of the firm, and it finally arose on ____ when the defendants flatly refused to accede to legitimate requests of the plaintiff. Hence, ____ is the last date of cause of action.

10- That both the parties reside at ____ and within the territorial jurisdiction of the Hon’ble Court, therefore, this Hon’ble Court has got the jurisdiction to try and decide the present suit.

11- That for the purpose of Court Fee and jurisdiction, the value of the suit is assessed at ____ over which a Fixed Court Fee of ____ has been paid.

Prayer:

It is, therefore, prayed that a defendants be directed to produce the accounts of the firm to the plaintiff and a decree of permanent injunction restating defendants from interfering into the peacefully taking part into the business of the firm by the plaintiff or from using the business premises by the plaintiff for the firm’s business or from moving any application by the defendant before any Government Authority in respect of the said firm for the purpose of withdrawing any Sales Tax Number or any other acts adverse to the interest of the firm or from WINDING UP of the firm without consent of all the partners and from doing any other business in the firm unless permitted by all the partners and unless the true accounts of the firm is rendered before the Plaintiff , may please be passed in favour of the Plaintiff and against the Defendants with COSTS OF THE SUIT.

ANY OTHER relief which this Hon’ble Court deems fit and proper may also please be granted in favour of the Plaintiff and against the Defendants with costs.

PLAINTIFF



THROUGH COUNSEL

____, Advocate, ____

VERIFICATION:

Verified that the contents stated here-in-above in the plaint from Para no.1 to 6 are true and correct to the best of my knowledge and belief and Para no.7 to 9 are based upon the legal opinion of my counsel.
Verified at ____ on this ______ day of ____

PLAINTIFF

Any Question?
Call us on +91-77038-33927

Related Post By MyCompanywala
blogs mycompanywala

LIST OF STATUTORY COMPLIANCES FOR COMPANIES IN INDIA


LIST OF STATUTORY COMPLIANCES FOR COMPANIES IN INDIA

LIST OF STATUTORY COMPLIANCES FOR COMPANIES IN INDIAA set of Statutory compliances are needed to be followed by the established companies in India.The non-compliance on national and state levels increased the legal complications in the form of heavy penalties and fees. Plenty of time and resources a...... Read More

Annual Compliance for Private Limited Company


Annual Compliance for Private Limited Company

Annual Compliance for Private Limited CompanyA Private Company is a corporate held under private ownership which requires regular filing with the Ministry of Corporate Affairs. For every organization it is obligatory to file an yearly return and audited financial statements including profit and loss...... Read More

Annual Compliance for One Person Company


Annual Compliance for One Person Company

Annual Compliance for One Person CompanyIn countries like India where entrepreneurship is highly encouraged. One Person Company is one of the most leading forms of business for entrepreneurs whose business lies in an early stage with an intention to grow in future. A One Person Company comprises one...... Read More

Annual Compliances for LLP


Annual Compliances for LLP

Annual Compliances for LLP   A Limited Liability Partnership is a separate legal entity. In order to preserve active status and to avoid default status. A regular filing with MCA is required to be taken care by all Limited Liability partnerships. Annual Compliance for any LLP is obligatory...... Read More

How much times involved in strike of company name from the register of companies?


Once an application is filed for striking off of company with the respective Registrar of Companies (ROC) after verifying the documents the RoC will strike off the name of company and this procedure normally takes 3-4 month. However, if any objection is received from ROC this process might take extra time or even reject the application.   Disclaimer: – The above article is prepared keeping all the significant and fundamental inquiry which comes at the top of the pri...... Read More

What are the documents which are required for closure of the Company?


Certified true copy of board resolution for authorisation given for filing this application.Registered Digital Signature Certificate of director for signing the form.Memorandum of association of the CompanyArticle of Association of the Company.Proof of identity (PAN Card/Aadhar Card/Voter ID card).Residence proof  (Passport/Driving License/Voter ID Card)Statement of account duly certified by a chartered accountant.Affidavit in Form STK-4 and Indemnity bond in Form STK-3 duly notarised...... Read More

What is the procedure to strike of company in case of voluntary striking off of company?


The procedure is extremely easy and is completed step wise:- 1.  Call a board meeting in accordance with the Secretarial standards and Companies Act 20132.  Convene Board meetingto pass the following resolutions:-To take note of statement of accountsTo authorise directors to sign the Indemnity Bond and Affidavits as per Form STK-3 and Form STK-4 respectively.To authorise a director to digitally sign the application in e-Form STK-2.To fix the day, date, time and venue...... Read More

What are the fees for e-form MGT-14 and e-form STK-2?


MGT-14 has normal associated fees in accordance with the authorized share Capital of the Company.    STK-2:- INR 10,000/-......

Which forms required to be filed for strike off Company?


Two e-forms are required for striking off of company:- a) MGT-14 b) STK-2......

Whether members approval is required for striking off Company ?


Yes. Member’s approval is required through Special resolution for striking off company ......

When Company cannot make an application for striking off?


has made an application to the Tribunal for the sanctioning of a compromise or arrangement and the matter has not been finally concluded;has engaged in any activitythe company at any time in the previous 3 months:- has changed its name or shifted its registered office from one State to another; ...... Read More

What are the main checklists needs to be considering before closing of the Company?


The company has filed its upto date all the financial statements and annual return with the Registrar of Companies.The company does not have any management disputes or there is no litigation pending with regard to management or shareholding of the company.No order is in operation staying filing of the documents by a court or tribunal or any other competent authority.the company is not a company incorporated for charitable purposes under section 8 of the Companies Act, 2013 or section 25 ...... Read More

What are the ways for close the Company?


A company can get strike off in two ways:- Suo-moto (Voluntary Striking off)By Registrar of Companies  ......

Which Company can get close in Strike off?


Any company can get strike off whether it’s a Private companyOne-person companyPublic company ......

What is meaning of striking off of company name?


Striking off of company suggests that closing of a non profitable venture company. In different words it's the quickest and easiest method to shut an organization.......

PROCEDURE FOR STRIKING OFF OF NAME OF A COMPANY


Each organization is begun with a dream to keep up its business continuously, but not all businesses square measure effective since quite an whereas past run. As we have a tendency to as of currently recognize, that there's positive technique to consolidate a company, run a company, in like manner, there's an exact system to shut a company. As on date, there square measure 2 alternative ways to shut a company:- Strike off companyWinding up of company ...... Read More

DETAILED NOTE ON BONUS ISSUE DEFINITION


An issue of bonus shares is referred to as a bonus share issue or bonus issue. A bonus issue is usually based upon the number of shares that shareholders already own. While the issue of bonus shares increases the total number of shares issued and owned, it does not change the value of the company.                              1) The source out...... Read More

ISSUE OF SHARES THROUGH RIGHT ISSUE


DEFINITIONOF RIGHT ISSUE ‘Right Issue’ means offering shares to existing members in proportion to their existing shareholding. The object is, of course, to ensure equitable distribution of Shares and the proportion of voting rights is not affected by issue of Fresh shares. A rights issue is an invitation to existing shareholders to purchase additional new shares in the company. This type of issue gives existing shareholders securities called rights. ...... Read More

PROCEDURE FOR REMOVAL OF DIRECTOR


1.        Ensure that a special notice for the removal of a director is furnished by number of members in accordance with the section 115 of Companies Act, 2013 to the company at least 14 days before the meeting at which it is to be moved. 2.        (a) Ensure that the notice for removal of a director is for a director other than a director appointed by the Tribunal under section 242 of the Companies Act, 2013. &n...... Read More

ISSUUANCE OF EQUITY SHARES THROUGH SWEAT EQUITY


Introduction- What is sweat equity shares? Sweat equity shares refers to equity shares given to the company’s employees on favorable terms, in recognition of their work. Sweat equity shares is one of the modes of making share based payments to employees of the company. The issue of sweat equity shares allows the company to retain the employees by rewarding them for their services. Sweat equity shares rewards the beneficiaries by giving them incentives in lieu of their contribution tow...... Read More

PROCEDURE FOR ISSUE OF SHARES THROUGH PRIVATE PLACEMENT


INTRODUCTION Private placement can be explained as a means of raising capital by the companies without going for public issues. Public Issues like Initial Public Offering and Further Public Opening are means of raising capital by the companies. DEFINITION A private placement is a sale of stock shares or bonds to pre-selected investors and institutions rather than on the open market. It is an alternative to an initial public offering (IPO) for a compan...... Read More

OPC has to convert into Private or public limited company within 6 months


OPC has to convert into Private or public limited company within 6 months

 OPC shall be required to convert itself, within six months of the date on which its paid up share capital is increased beyond fifty lakh rupees and the last day of the relevant period during which its average annual turnover exceeds two crore rupees as the case may be, into either a private co...... Read More

Mandatory Conversion of One Person Company into Private Limited or Public Company


Mandatory Conversion of One Person Company into Private Limited or Public Company

Rule 6 of the Companies (Incorporation) Rules, 2014 as amended vide the Companies (Incorporation) Amendment Rules, 2015, w.e.f. 1-5-2015 provides that where the paid up share capital of an OPC exceeds fifty lakh rupees and its average annual turnover during the relevant period exceeds two crore rupe...... Read More

Restriction on alteration in the Memorandum and Articles of a charitable company licensed


Restriction on alteration in the Memorandum and Articles of a charitable company licensed

Section 8(4)(a) provides that a company that has received a licence under the section, shall not alter the provisions of its Memorandum as regards its objects except, with the previous approval of the Central Government [Powers delegated to the Registrar of Companies by Notification No. 1353(E), dat...... Read More

Main condition for Section 8 Company registration


Main condition for Section 8 Company registration

The objective of section 8 of the Companies Act, 2013 is to provide special benefits and privileges to such organisations, which are formed for the following purposes and where it is proved to the satisfaction of the Central Government that a person or an association of persons proposed to be regist...... Read More

Requirements of minimum paid-up capital


Requirements of minimum paid-up capital

By the Companies (Amendment) Act, 2015 effective from 29th May, 2015 the requirement of minimum paid up capital for a private limited company of `1 Lakh and for a public limited company of `5 Lakhs has been removed from the definition of the Companies under section 2(68) and 2(71) of the Companies A...... Read More

Can OPC Change in the nominee by the member of OPC?


Can OPC Change in the nominee by the member of OPC?

 It has been provided that the subscriber/member of OPC may at any time change the name of the nominated person by giving notice to the Registrar. It shall be the duty of the subscriber/member of OPC to intimate the company the change, if any, in the name of the person nominated by him by in...... Read More

Change in the name of person nominated in the Memorandum shall not be deemed to be alteration in the Memorandum of Association


Change in the name of person nominated in the Memorandum shall not be deemed to be alteration in the Memorandum of Association

Any such change in the name of the nominee person in the Memorandum of Association of the OPC shall not be deemed to be an alteration of the memorandum.......

Can we Change in the nominee by the member of OPC?


Can we Change in the nominee by the member of OPC?

 It has been provided that the subscriber/member of OPC may at any time change the name of the nominated person by giving notice to the Registrar. It shall be the duty of the subscriber/member of OPC to intimate the company the change, if any, in the name of the person nominated by him by i...... Read More

What are the Liabilities of the subscriber in case of One Person Company?


What are the Liabilities of the subscriber in case of One Person Company?

 The liability of the member of the OPC may be limited or unlimited, and the Memorandum of Association of the OPC shall state,—   (i) in the case of a company limited by shares, that liability of its member is limited to the amount unpaid, if any, on the shares held by them; an...... Read More

No need for address in India of Foreign promoters incorporating company in India


No need for address in India of Foreign promoters incorporating company in India

 There is no pre-condition for foreign promoters to furnish local address in India for seeking registration and incorporation of a limited company in India.   It was held that there was nothing in the Act or the applicable Rules which requires the foreign promoters to provide a l...... Read More

Is roll checks are mandatory for Directors inMinistry of Corporate Affairs website


Is roll checks are mandatory  for Directors inMinistry of Corporate Affairs website

The digital signatures are required to be registered at the website of the MCA for various category like director, professionals, etc. and need to fill up particulars online at the MCA portal, called roll check.   Without complying with the requirement of Roll Check, any documents si...... Read More

What are the liabilities on members for having below minimum members’ strength?


What are the liabilities on members for having below minimum members’ strength?

The MCA vide the Companies (Amendment) Act, 2017 has inserted new section 3A w.e.f. 9-2-2018, vide Notification No. SO 630(E), dated 9-2-2018 to put liability on all the existing members of the company, in case the company defaults in minimum number of members’ criteria. If at any time the number ...... Read More

Is Digital Signatures Certificates are mandatory in case of Company registration?


Is Digital Signatures Certificates  are mandatory in case of Company registration?

Every Form and return prescribed under the Companies Act, 2013 needs to be filed with the digital signature of the managing director or director or manager or secretary of the Company, therefore, it is compulsorily required to obtain digital signatures of at least one director to digitally sign the ...... Read More

Requirement for Having Director Identification Number


Requirement for Having Director Identification Number

As per proviso to section 152(3) of the Companies Act, 2013 no company shall appoint or re-appoint any individual as director of the company unless he has been allotted a Director Identification Number (DIN) under section 154 or such other identification number as the Central Government may prescrib...... Read More

What our customers are saying about MyCompanywala?

What our customers are saying about Mycompanywala

Copyright © 2021 MYCOMPANYWALA all right reserved.

Hello ! I am Dipesh,Your Consultant from Mycompanywala and I am here to help you.

What are you looking for?

1. Company Incorporation?
2. DOT OSP Registration
3. Trademark Registration?
4. Other Services ?