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
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.
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.
(Expert)
