From Bombay Civil Court, I have obtained a decree against a partnership firm and its 2 partners and another employee "signing authority of firm"
By the time I start to gather evidences for execution I learnt that partnership firm has got dissolved and partnership firm also never had any assets. A company has got informed in due course bearing same name as partnership firm and declarations were given to MINISTRY OF CORPORATE AFFAIRS that FIRM AND COMPANY ARE ASSOCIATED with each other.
1) under such scenario, can i directly file execution application against COMPANY before company tribunal or do i file an execution application before civil court for attachment and sale of company assets
2) signing authority of partnership firm also has formed his own private company where he is a director. Can i file exeuction application against his newly formed company before company tribunal or do i approach a civil court for execution against his newly formed company
please share ur expert advise