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vaidyanathan (retired psu employee)     25 October 2010

recourse to get money

My friends did give finance assistance to an exiguous professional in cheating the general public who is a doctor in profession. He borrowed money on execution of promissory notes. After six months he collected back the promissory notes and cheques  and gave a partnership cum general power of attorney - which is dubious, for, the property is registered both on his and his wife’s name but he alone signed as if sole proprietor-wherein he duly incorporated the financial obligations of his liability and assured to share the profit in the ratio of such liability making a cut of price for his ash brick plant which was on lease for 12,000/ pm.  As 21 lac. Thus he assured his creditors to bring potential buyers to dispose of the same and allowed them to take their share of his liability in full with interest. 

When the poor VRS employees of a public sector gave their hard earned money unaware of his luring with criminal intent, endeavored potential buyers but no one dared to purchase for it is in schedule area.

Therefore, these creditors preferred civil suit for the money. After getting adjournment for three years, the opposite lawyer now objected that the partnership deed is not registered hence, not maintainable.

The poor people did not do any partnership business nor is intended over the property for, it insufficient after meeting the bank dues. However, it is notoried one. My friends appointed lawyer died of heart attack and his son stepped into his shoe. Would you please help the poor lost everything and this budding lawyer? Opposition contention is the word partnership is written hence, if court case preferred, should have been registered hence plead nullity.



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