unregistered partnership deed
vaidyanathan
(Querist) 13 November 2010
This query is : Resolved
A professional cheat has trapped three VRS holders from a PSU and got money executing promissory notes and cheques.
In due course he replaced the same with a partnership deed cum general power of attorney. But shrewdly not registered but under notoriety.
Upon knowing the fact that the land land was not on his name only but also on his wife, the clients filed civil suit for recovery of money attaching his contract bills before judgement but in no way either the property/revenue whatsoever of the factory over which he executed the said deed.
The VRS holders' lawyer expired and his son also a budding lawyer stepped in.The opposite lawyer dragging on for more than three years now objected to the point of unregistered hence not maintainable in court.
What is the recourse available for the cheated. Pl. help for the budding lawyer, whose survival depends on the admittance of the case. can be mailed vaidya.keshav@gmail.com
PALNITKAR V.V.
(Expert) 13 November 2010
A suitable amendment can be made and names of individual partners can be added. Apart from that the personal property of the cheater can also be attached before judgment.
adv. rajeev ( rajoo )
(Expert) 13 November 2010
Follow the advise of Palnitkar and file a criminal case against the cheater including his wife.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 November 2010
No criminal case possible now , wife can not be added in any case.
It is not your free will that you can initiate action against any body.
Unregistered partnership can not go the court for claiming any relief.
s.subramanian
(Expert) 13 November 2010
I agree with Mr.Palnikar.
vaidyanathan
(Querist) 19 November 2010
Hi all,
Thank you all for the pain taken to address me. yet I am unable to understand in toto.
The whole matter is subjudice. To incorporate and any material alteration is impossible at this stage, since the cheat will not co-operate in the first place.
Moreover, the case is pending in the court after making the court fee and the court directed to pay the stamp duty penalty with the RDO and accordingly paid. Now the opponent lawyer has raised objection over the registration.
I reiterate that the creditors have not claimed any money from the business from the subject partnership but only recovery of their money given.(not on the property, machineries, profits whatsoever attached not even the bills of finished products supplied from the industry in question) but on the civil contract bill.
Moreover, in the said deed, though not mention about the instruments given back, the word "the money arrived as at on the date of the deed together with interest" is incorporated. Now please pick the thread and guide for, this budding cannot get more adjournments. His mind also is with streak of problems as he has stepped into his father who was a noted civil lawyer with handful of cases in civil. regards vaidya
