LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Alok Bhatnagar   12 August 2016

First party account information from psu bank

https://www.lawyersclubindia.com/forum/RTI-on-in-laws-Bank-account-details-26595.asp I have a propritership firm. Two friends approach me , get into a partnership agreement, do not give me a copy of agreement ( waiting for photocopies to be made). They both open an account with me as a third partner without me going to bank, or me signing any bank document. The current account is with a PSU bank. I have been made a partner. They tell me later that I must close my already existing separate account as they have an account and have taken over the business. One partner tells me that my signatures have been managed. I file an RTI with the bank for the account details, documents and operating instructions. The RTI is denied on grounds that teh information is third party and cannot be given to me. I file an appeal, the FAA orders the details to be shared but the CPIO says the other partners are not agreeing to the information to be given to me. What is the next step: 1. I know that my signatures have been forged - ( one partner has told me), 2. There is no signature in original of mine on teh partnership deed as they have given a manipulated photocopy of the deed and is not registered. 3. There is no TIN number, no VAT registration number, and no PAN , no registered address, no company seal, no company letterhead used for opening the account and no letterhead and seal used for writing operating instructions and cheque book issue. 4. The FAA order is already 3 months old. The FAA says ) on phone ) that the section 11 of the RTI act has been applied to prevent the information to me. 5. In RTI reply they tell me I am a third party , but the bank and the partners are asking me to close the account. What can be done to get the forged signature details so that criminal case can be evaluated. There are two forgeries I know in the bank signatures - as boasted by the partners.


 2 Replies

G.L.N. Prasad (Retired employee.)     13 August 2016

What is the evidence available with you that disclose that you are a partner ?

Whether there is a deed, whether you have a copy or whether it is registered ?

Whether any document held by bank shows you as partner ?

Bank Manager can not speak incorrect thing.  As your name was never mentined either in opening form or the deed, manager might have stated in writing that you are a third party.

If you are a third party, with such written confirmation from Manager, you are absolved from all liabilities of the firm and still it is better to dis associate with the firm with such suspicious dealings.

If you have a concrete evidence with you that you are a partner, then submit a copy of the same direct Bank to stop all operations immediately and demand a statement of account.

Though it may not be necessary consult an advocate to recover if you have invested any amounts.

Alok Bhatnagar   13 August 2016

Dear Sir, Deed on a Rs. 50 stamp was made. It stated that my proprietary firm gets converted to a partnership firm with 2 new persons added. One partner is wife of a former friend. This former friend is playing dirty. Opening an account in his wife's name, signing on her behalf, signing on my behalf and eventually take over my business if supply to government department. The same deed was never registered. I signed only one set of the deed. New company was never registered in sales tax authorities. Later a photocopy of the same was used to open the account in my capacity as a partner, the opening exercise happened without me going to bank. They had in my office made me sign a bank account form which I did earlier in good faith. But later realized that my signatures and other partner's signatures have been forged. This became clear when the bank officer called me to come to bank and sign some papers which on seeing them I refused. I have photo of a forged signature paper on my mobile. The bank manager is part of the game because he tells me to close the partnership account and also tells me that I am a third party. In my absence Rs. 10,000 is deposited in bank account by them. No other transaction is done. I refused to sign the account closing paper but the other two have signed for closure request. Bank manager is involved being family friend of the mastermind. Account operated without any documents.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading