un-regd. partnership
Querist :
Anonymous
(Querist) 01 May 2011
This query is : Resolved
A&B start a firm to supply service to a PSU 'C'. A&B did not register the firm and it is only a 'paper' firm. After some time,A on his own came out of the firm. A continued to supply service to the PSU and the PSU made payments. A submitted bills in his individual capacity to the PSU (with a mention that it was formerly a firm). PSU concerned only for services provided and paid bills to A. Now,whether B can approach PSU to derecognise A as an individual? Can B sue PSU for payments made to A as an individual?
Guest
(Expert) 01 May 2011
Whether any partnership deed was submitted to the PSU for approval as a contractor before or at the time of submission of tender for the contract?
Parveen Kr. Aggarwal
(Expert) 01 May 2011
If A has come out of the firm (meaning thereby that the firm was dissolved as it consisted of only two partners), then no firm remained. B does not have any legal right to sue unless and until he proves that the firm continued and the services rendered were acquired out of joint resources.
