Opened a clinic on sharing basis. Now owner what to remove me. Remedy?

In Labour & Service Law

I am a dentist aged 25 years. Last year in june 2013 I opened a dental clinic with a shop owner in a prominent market in delhi on 50:50 sharing basis.

Now after 7 months when the clinic is all set and established using me and my college name, the shop owner want me out giving the reason that he is not saving enough and will run the clinic by hiring a dentist at a lower cost.

Kindly advice me how to save my livelihood.

Answers (1)

252 votes

While we would need to review the details of the contract between you and the Shop Owner to provide you a detailed opinion, it can be safely advised that under no circumstances whatsoever, the Clinic can be run using your / your college's name in case you are not a part of it.

In case the terms of your contract with the Shop Owner have a specified minimum tenure of the partnership, the same can be enforced by the order of the Hon'ble Court.

Another option herein can be treating this as a Landlord / Tenant situation wherein eviction can be stopped / delayed once we are able to establish a Tenant - Landlord association between you and the Shop Owner.

Once again, this can be done post reviewing your contract. In the absence of a firm contract, this association can also be proven based on possession and other proofs like your Sign Board, Name Cards, Letterheads, etc.

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