Execution of civil court decree against company
Divya
(Querist) 20 November 2017
This query is : Resolved
Respected Experts
From Bombay Civil Court, I have obtained a decree against a partnership firm and its 2 partners and another employee "signing authority of firm"
By the time I start to gather evidences for execution I learnt that partnership firm has got dissolved and partnership firm also never had any assets. A company has got informed in due course bearing same name as partnership firm and declarations were given to MINISTRY OF CORPORATE AFFAIRS that FIRM AND COMPANY ARE ASSOCIATED with each other.
1) under such scenario, can i directly file execution application against COMPANY before company tribunal or do i file an execution application before civil court for attachment and sale of company assets
2) signing authority of partnership firm also has formed his own private company where he is a director. Can i file exeuction application against his newly formed company before company tribunal or do i approach
a civil court for execution against his newly formed company
please share ur expert advise
Thankyou
Vijay Raj Mahajan
(Expert) 20 November 2017
Firstly execution application has to be filled in the same civil court that passed decree, secondly the execution against the partnership firm can also be filled against the individual partners if the said partnership firm has been dissolved. The individual partners are liable for all liabilities of the partnership firm and from them you can recover your dues.
