Cheque bounce
ketan maniar
(Querist) 07 December 2014
This query is : Resolved
I am a business man, one of my client bought 25 lac material and issued me a cheque for it.It bounced, I have filed a court complaint after several attempts a nbw a released , which they reclled.
This company has 3 partners they withdrew money from their company and spent on buying them cars etc. Now they claim no money, ready to go to jail. One partner also has property in his name other partner also has property in family members name.
Please advice further action.
Sailesh Kumar Shah
(Expert) 08 December 2014
Company operated by the directors not partners.
State aptly that it is company or firm ?
Devajyoti Barman
(Expert) 08 December 2014
It is company or director?
If company then make Directors party, if firm then make partners party in the case.
ketan maniar
(Querist) 08 December 2014
Its a firm, with 3 partner
Rajendra K Goyal
(Expert) 08 December 2014
Partners are individually and severally liable for the debts of the firm. Their individual property can be attatced. Move for a stay for not creating any third party interest in the property of partners.
Property of family members are not attached in general.
You can explore the scope of filing criminal case against the partners.
Guest
(Expert) 08 December 2014
The court can issue orders to attach property of the partnership firm as well as the partners. But, all that depends upon, what relief you have sought through your application and how your own lawyer wants to proceed in the case.
However, since the amount of the claim is quite substantial, you may better consult some local expert with detailed discussion by showing your case related papers and making his aware of the views of your own lawyer for proper analysis and advice.
ajay sethi
(Expert) 08 December 2014
better file summary suit too against the partnership firm
Sailesh Kumar Shah
(Expert) 08 December 2014
file summary suit against partnership firm and its all partners.
T. Kalaiselvan, Advocate
(Expert) 11 December 2014
Summary suit for recovery alongwith an application for attachment of property before judgement will be an option.
ketan maniar
(Querist) 15 April 2015
Dear sir,
The opponents have accepted they have pay and requested 4 installment, which we accepted.
First instalments was to be paid last week, but they have not paid.
We have taken arrest warrant, but all partner have disappeared.
I have managed to get hold of one partners house property documents, with these can we file a summary suit.
After filing summary suit will we have to establish our cliam is genuine. Will their be any disadvantage.
Please advise
Advocate Bhartesh goyal
(Expert) 08 December 2014
