PARTNERSHIP DEED
PARTNERSHIP DEED
PARTNERSHIP DEED
2. Vivek Kumar S/o Vijay Kumar R/o H.No 23 Khakroban Sardhana Meerut (Aadhar
No- 8087 8678 6664) hereinafter referred to as the “Second Party”
3. Savita D/o Bundu Ram R/o H.No 40 Khakroban Sardhana Meerut (Aadhar No-
9733 4292 9122) hereinafter referred to as the “Third Party”
WHEREBY IT IS AGREED that the parties hereto (hereinafter together called the
partners) shall become partners in the business of Pharmaceuticals and others with effect
from 22-11-2024 upon the terms and conditions hereinafter contained namely:
(1) The partnership shall be carried on in the name and style of M/s.
(2) The partnership business will be carried on at KH.NO 1347 Sadhu Nagar Kanker
Khera Near Marshal Pitch Meerut (UP) 250001 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. 50,000 (Fifty Thousand Rupees) which
shall be contributed by the partners in the following proportions.
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 @ 12 % p.a. out of the gross profits of the firm.
(4) The partners may agree to increase the capital of the firm by bringing in 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 firm shall be operated upon by any partner. The bankers of
the partnership shall be considered according to the need.
(6) The net profits of the business shall be divided between the partners in the proportion
of the capital and they shall bear all losses including loss of capital in the same
proportion.
(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 therefrom as he may think fit.
(8) The First and the Second Party shall devote their whole time and attention to the
interests of the business and shall be the working partners. They shall be entitled to
equal remuneration for their working out of the amount computed in the manner laid
down under section 40(b) of the Income-tax Act, 1961. The remuneration so
computed shall be worked out and credited in the books of account, at the close of
the accounting year period.
(i) Be just and faithful to other partners in the transactions relating to partnership business;
(ii) 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;
(iii) Give full information and truthful explanations of all matters relating to the affairs of the
partnership to ail the partners at all times.
(ii) Lend money or give credit of the goods of the firm to whom the other partners have
previously forbidden him to trust.
(iii) Mortgage, charge or assign his share in the assets or profits of the firm.
(iv) Draw accept/indorse any bill of exchange / promissory note on account of the firm.
(v) Engage, remove or dismiss any apprentice, employee or agent of the firm.
(vi) Give any security or promise for the payment of money on account of the firm
except in the ordinary course of business.
(vii) Give bail, bond or guarantee or become surety for any person or do or knowingly
suffer any thing to be done where the partnership property may be endangered.
(11) The accounts of the partnership shall be maintained according to the financial year,
from 1st April to 31st March.
(13) A new partner may be introduced with the consent of all the partners on such terms
and conditions as the partners agree with the Person to be introduced as a partner,
in the firm.
(14) On the death of any partner, during the continuance of the partnership, the firm
shall not be dissolved the surviving partners shall have the option to purchase the
share of the deceased partner, in the partnership business and the property and
goodwill thereof. The purchase price of the share of deceased partner shall be the
amount at which such share shall stand in the last balance sheet which shall have
been prepared prior to the death of the deceased or in the event of the death of
either, partner before the preparation of the first balance sheet the sum credited to
him as his share of capital, and interest at the rate of 12 % p.a. thereon in lie. of
profit from the date of the then last preceding annual account up to the date of
death of the deceased. The partner, purchasing the share of the deceased partner,
shall also enter, into a covenant to indemnify the personal representatives of the
deceased partner from the existing and future debts, obligations ant liabilities of the
partnership.
(15) It a partner retires 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.
(16) All outgoings 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.
(17) 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 sums as are immediately required to meet
the current expenses of the partnership firm.
(18) All transactions 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.
(20) 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 purchasing 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, realised 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, realisation 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.
(21) 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 exercises 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 similar business in his own name in the locality of the firm within a
period of 10 years from the 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.
(22) 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 three 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.
(23) 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 subscribed their
respective hands the day and year first hereinabove written.
WITNESSES PARTIES
1. SHOBHA RANI
VIVEK KUMAR
2.
SAVITA