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Umesh Khanna (CEO)     17 December 2020

Change of proprietor in execution proceedings

sir,

I have taken over my father's proprietary firm and submitted the documents in execution court, what other procedures have to be done in court to complete legal formality so that after him there is no problem?

please guide.

thanks

Umesh  



 5 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     17 December 2020

Hello,

You have to comply with the direction of the executing court and as per your advocate's instruction. You can post the judgment of the trial court so that more specific advice can be given. 

1 Like

Isaac Gabriel (Advocate)     17 December 2020

Get the name changed with the authorities and inform the tax authrities with the copy of the order.you can also issue press publication if necessary.

1 Like

Umesh Khanna (CEO)     17 December 2020

The relevant portion of order

EA No.223/2017 (of the decree holder under Order XXII Rule 10 CPC).

1. The counsel for all the judgment debtors has no objection.

2. In this application it is stated that the decree holder, earlier a proprietary of Mr. Chiman Lal Khanna, is now a proprietary of the son of Mr. Chiman Lal Khanna.

3. Allowed and disposed of.

the query is whether order rule 16 application has to be filed as my father's name is still on memo of partys

 

guidance would be highly appreciated 

Thanks

Umesh khanna

Shashi Dewan   22 December 2020

You can file an application under order 1 rule 10 of cpc for amending memo of parties

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