Maintainability of a suit
sreedhar musipetla
(Querist) 23 August 2014
This query is : Resolved
A partnership firm has been dissolved. whether a suit for recovery of amount against the dissolved partnership firm represented by its managing partner by another partner is maintainable or not? Please inform a Supreme Court Judgment suitable to this case.
sreedhar musipetla
(Querist) 24 August 2014
A partnership firm has been dissolved. whether a suit for recovery of amount, invested towards capital, against the dissolved partnership firm represented by its managing partner, by another partner is maintainable or not? Please inform about a Supreme Court Judgment suitable to this case.
Satya nand aggarwal
(Expert) 24 August 2014
you can file a suit for rendition of accounts along-with the recovery suit of tentatively amount.
Raj Kumar Makkad
(Expert) 24 August 2014
Definitely suit for recovery is definitely maintainable.
M V Gupta
(Expert) 25 August 2014
I agree that the suit is maintainable.All other partners should be made parties to the suit.
R.K Nanda
(Expert) 26 August 2014
fully maintainable.
sreedhar musipetla
(Querist) 27 August 2014
A partnership firm has been dissolved. whether a suit for recovery of amount, invested towards capital, against the dissolved partnership firm represented by its managing partner, by another partner is maintainable or not? Please inform about a Supreme Court Judgment suitable to this case.
Raj Kumar Makkad
(Expert) 27 August 2014
Such suit is definitely maintainable as the partners are also liable individually for the outstanding of the partnership firm. We do not provide judgments here.
T. Kalaiselvan, Advocate
(Expert) 27 August 2014
The author despite having received replies to his query, repeated the query three times in the same thread, it means he is not interested in knowing the experts opinion.
Raj Kumar Makkad
(Expert) 28 August 2014
The querist is interested in heavy support to his own opinion and nothing more than that.
V R SHROFF
(Expert) 29 August 2014
QUERIST IS ADVOCATE:
HE WANTS TO CONFIRM BEFORE FILING SUIT FOR HIS CLIENT/ OR PREPARING FOR HIS DEFENCE:
He did not disclose whether matter is TIME BARRED...If Time barred; Suit is not maintainable.
If Partnership is unregistered, the Suit is NOT MAINTAINABLE.
ARBITRATION IS ANOTHER ALTERNATE TO CIVIL SUIT AND VERY FAST. HE MUST GO FOR ARBI PROCEEDINGS.. To Save heavy court fees...
And Advocate Shreedhar, what prevent you to ask your Sr Colleagues Advocates in Court???
sreedhar musipetla
(Querist) 30 August 2014
I am an advocate enrolled last year. I was sitting in the court hall, where such question has arised. During arguments, the said question was raised by the court against concerned parties and asked for clarification. Thanks for your support.
Surrender K Singal
(Expert) 01 September 2014
Well done to serve the purpose of this forum !
Raj Kumar Makkad
(Expert) 01 September 2014
This section of the site is not meant for the academic discussions hence better to put such queries in forum section.
