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Prashantkumar Patel   26 July 2015

Power of attorney for a partner for complaint

hello

I just came to know about a complaint made by a partner of a registered partnership firm (Having total two partners only, and complaint dont by a single partner while notice was signed by another parner) under N.I.-138.

Can anybody guide me if the power of attorney is required for this complaint (with some sitations pls.)

and if the power of attorny is not compulsory then pls some sitations for it

thank you

Prashant



Learning

 7 Replies

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     26 July 2015

your question is not clear to me plz write the matter morefully.Complaint dont by a 'single prtner while notice was signed by anather partner" plz explain the sentence 

Prashantkumar Patel   28 July 2015

hello sir

sorry for my typing mistakes

In this case the complaint was put before the court by a single partner of registered partnership firm and for the same no power of attorney was given by another partner or firm.

so my question is " Does a single partner can put a complaint under "negotiable instrument act" without holding power of attorney?

the check was issued to the firm by the third person

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     28 July 2015

Okey say me who,s favour cheque was issued .

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     29 July 2015

There is no irregularity in the said complaint. As long as the cheque was issued in the name of the partnership firm, a single partner can prefer the said complaint

Prashantkumar Patel   31 July 2015

The check was issued in the favour of partnership firm's name

Prashantkumar Patel   31 July 2015

Thnak you Mr. Chatterjee

VINOD VERMA (C E O)     27 August 2015

The cheque was issued in the name of the Partnership firm in a compromise settlement, one of the Partners delegated his powers to P O A, who is neither an emplyee nor the payee or the holder in due course, he has no knowledge about the details, still can he pepose under oth behalf of the partner of the firm?????


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