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N.I.Act

(Querist) 28 September 2009 This query is : Resolved 
a person name-x,issue cheque of his firm (propriter)to my client ,because his account is firm name.
i file case by x'name, whenever that cheque was firm name,
court want to setisfy that the account holder is x.
how i can prove?
PJANARDHANA REDDY (Expert) 28 September 2009
MR. SARVESHJI, U TOLD IT IS A FIRM OF PROPRIETOR,THE CHQ BANK CAN IDENTIFY THE PROPRIETORSHIP OF THE FIRM,OR ANY FIRM REGISTRATION,VAT CERTICATE,MUNICIPAL TRADE LICENCE,LICENCE OF SHOP & ESTABLISHMENTS, LAB OUR LICENSE ,SSI,ETC.,
Manish Singh (Expert) 28 September 2009
u should have filed it like writing the propreitorship concern's name firt and then followed wtih like " the respondent name- the Proprietor".
anyways it can easily be proved vide relevant documents as letter head, business cards or any other written communication or any document related with.
A. A. JOSE (Expert) 28 September 2009
In the eye of law proprietorship concern and proprietor are not two separate legal entities as is the case with the companies and their directors/shareholders,etc. You have merely to produce any relevant document establishing that Mr.x is the proprietor of the proprietorship concern.
Sachin Bhatia (Expert) 28 September 2009
Bank will identify and give evidence that x is the operator of that account.
Raj Kumar Makkad (Expert) 28 September 2009
AA Jose is correct. Any document whether it may be bank's evidence, letter-head, Sine-board, any bill, voucher etc. may be sufficient to prove that both are same and one.
Sarvesh Kumar Sharma Advocate (Querist) 28 September 2009
sir, how can i ask that doc.from bank?
Adinath@Avinash Patil (Expert) 28 September 2009
I go with jose
Sarvesh Kumar Sharma Advocate (Querist) 28 September 2009
sir, how can i ask that doc.from bank?
Sachin Bhatia (Expert) 04 October 2009
Summons the bank to produce record.


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