N.I. ACT

RAJDIP DAS (Querist) 01 August 2009 This query is : Resolved
CAN PARTNERSHIP FIRM MAY FILE CASE ON BEHALF OF ITS UNIT ?

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A V Vishal (Expert) 01 August 2009
Yes, if it is a registered firm and represented by its Managing Partner

charudureja (Expert) 01 August 2009
A registered firm can sue, where as an unregistered firm does not have the benefit of suing though it can be sued

Sarvesh Kumar Sharma Advocate (Expert) 01 August 2009
yes ofcourse.

mahendra rai jain (Expert) 01 August 2009
In 138 N I Act., registration of firm does not require, It is require only for civil suit....

A V Vishal (Expert) 01 August 2009
Dear Jain

If the firm is unregistered then it is hit by such disability and as such cannot sue the opposite party. Can you elucidate the basis of your opinion that registration of firm is not required

Deekshitulu.V.S.R (Expert) 02 August 2009
With respects to all

Under Sec. 69 of Partnership Act, a firm suing must be registered. The same analogy is extended to a case under Sec. 138 of N.I.Act.

A partnership firm or a company is as good as a person or an entity and it can sue or file a complaint under N.I.Act, if the person signing the complaint has got an authority to do so under the terms of partnership or by means of a separate authorisation or resolution to that effect.