Anand (Myself) 16 August 2012

Cheated by company

I have been cheated by a company that is a partnership firm and I have strong documentary evidence. The firm has several partners. In addition, there is a General Power of Attorney (GPA) holder who has signed documents on behalf of the firm. The actions and signatures of the GPA holder on behalf of the firm have cheated me.

1. Is only the GPA holder liable, or are the partners of the firm also equally liable for his actions?

2. If I file a criminal case, who should I name as respondents? Is it (a) Firm X and GPA holder Y or (b) Everyone by name individually?

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3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 16 August 2012

Normally only the partners of the firm are equally liable. The GPA holder being an agent is not liable personally as he acts not on his own, but on behalf of and for the firm. However you make all of them a party in your civil suit or criminal complaint as the case may be.

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Adv Rohit Dalmia 9324538481 (Lawyer) 16 August 2012

Dear Anand,

The details provided you are incomplete. how you have been cheated by the firm is not mentioned by you. Need to check the GPA document about what right was granted to the GPA Holder???? If the GPA holder has acted as per the power granted to him/her then, the Attorney is also liable.

Kindly provide the proper details. Also email the copy of the GPA on onlyrohit2003@yahoo.co.in for the perusal.

Regards,

Advocate Rohit Dalmia

9324538481