My joint venture partner in Kolkata has unilaterally transferred shares to a third party in violation of our joint venture agreement; what remedies do I have?
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Below is a comprehensive legal analysis based on Indian law for your question.
You may file a suit for specific performance and injunction to restrain the unauthorised transfer of shares, as most joint venture agreements contain lock-in and transfer restriction clauses. If the agreement contains an arbitration clause, you should initiate arbitration proceedings under the Arbitration and Conciliation Act, 1996. You may also approach the NCLT under Sections 241-242 of the Companies Act if the transfer constitutes oppressive or prejudicial conduct. The Calcutta High Court can be approached under Article 226 for urgent interim relief. The West Bengal Premises Tenancy Act 1997 on stamp duty and registration of share transfers may also be relevant. Maintaining evidence of the breach, including the agreement and transfer documents, is essential for a successful claim.
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