Can unregistered partnership firm file the recovery suit??

This query is : Resolved 

Querist : Anonymous (Querist)
20 September 2018

we are for the unregistered partnership firm , engaged the verious trade in the market we sold the goods on the purchasing order made by customer XYZ, the customer issued a cheque of R s.4 Lacs in the name of our unregistered, firm this cheque was got dishonor, we could not filed the case under section 138 NI Act there after we demand for making all payment but he is evading and move away from making the payment of our out standing amount. Now we want to file a recovery suit u/o 37 CPC. The question is whether we(unregistered) can filed suit for recovery through its partners against said customer/respondent?????
if not what is the next legal remedy available for us??

Guest (Expert)
21 September 2018

Your firm has every right to legally recover the genuine dues of the firm through its partners. No law debars that your firm should be cheated by anyone merely because your firm is not registered.

Ms.Usha KapoorOnline (Expert)
21 September 2018

Yes you can recover your money paid to XYZ for supply/sale of goods to XYZ under Order 37 CPC and also file check bounce criminal case under section 138 NI Act.

21 September 2018

Your Un-Registered Partnership Company has every right to file a recovery suit against XYZ, as suggested by the above experts.

Raj Kumar MakkadOnline (Expert)
21 September 2018

Yes is the sole answer to your query.

ashok kumar singhOnline (Expert)
21 September 2018

agree with expert opinion............................

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