36 Rights of outgoing partner to carry on competing business

36. Rights of outgoing partner to carry on competing business

(1) An outgoing partner may carry on a business competing with that of the firm and he may advertise such business, but subject, to contract to the contrary, he may not

(a) Use the firm-name,

(b) Represent himself as carrying on the business of the firm, or

(c) Solicit the custom of persons who were dealing with the firm before he ceased to be a partner.

(2) Agreement in restraint of trade

A partner may make an agreement with his partners that on ceasing to be a partner he will not carry on any business similar to that of the firm within a specified period or within specified local limits; and, notwithstanding anything contained in section 27 of the Indian Contract Act, 1872, such agreement shall be valid if the restrictions imposed are reasonable.