SUIT BY UNREGISTERED PARTNERSHIP FIRM

dear brother

if the assocaition is registered under any local laws i.e., for an example in Karnataka the assocation will be registered under the Societies Registration act the registrar of Socieites will have the jurisdiction toentertain the case. hence you can file if the assocation is registered under any local laws.

if the assocation has any arbitration clasue you can invoke the same.

Thank you brother,  the Association seems to be registered with the Registrar of Societies, so i will file a Petition before the Registrar to stay the election or to direct the Association to admit me for contest

thank you very much

Dear Narayanan,

Partnership firm need not be registered at the time of the transaction or arisation of cause of action.  If the firm is registered, just before instituting legal proceedings, it is sufficient in the eyes of law.  Therefore, it is better for you for all practical purposes to get the firm registered now immediately and institute legal proceedings.

ask ur associciation to supply uthe copy of rules &regulations of society ,and go through the election process , send a letter in this regard in ur firms letterhead to associsationand request them to supply the same within 3 days .mention in ur letter  1.that u r ready to pay necessary charges for supplying the copy 2.register ur protest regard to election,misdeeds the are doing 3.ur clear intention to sue the association. send this letters copy to registrar of society.put ccto...... registrarof society,ccto.......officer in charge p.s....

thanks for u r information

dear friend,

sec 69 creates a bar to file a suit only regarding disputes arising out of contractual obligations with the firm. hence i donot think that this would be a bar to file a suit against the association. but it has to be looked into whether the civil court will have jurisdiction to deal with the dispute.

i agree with guptha

Dear Member:

Even if your partnership is registered or not it will not come in the way of the proceedings.  In the absence of registeration your partnership is to be considered as a BOP (body of persons) and any single person can be nominated to represent the body or you can collectively represent the matter.

Thanks

AAR KRISHNAN

Mr. Narayan,

Check the Constitution of the association. Is it  one of the disqualification amongst other?.

Pl. Check it and go ahead with the suit. Otherwise also it is not a contractual obligation with the so called

association.

Best luck.