Kiran (Mgr) 18 March 2010

Assignment / Novation Clause - Missing

Hi All

If, Partnership firm is converted into a Pvt Ltd. Co.

And Partnership firm has also signed an agreement with 'X' person before becoming Pvt Ltd Co.

Will that agreement be enforceable at the time of dispute if there is no mention of assignment or novation clause.?

Best

Kiran

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2 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 21 March 2010

pvt. company is bound by the undertakings of partnership firm in the given case.

RSH (NA) 21 March 2010

Hi Raj Sir

If you remember, you suggested me that my service agreement with my ex employer stands null and void because at the time of employment agreement it was partnership firm and at the time of dispute its pvt ltd co. now. so no arbitration is valid as written in agreement because agreement itself becomes void.

can you please be clear sir?

best