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ps (md)     14 January 2011

sec52

 

1) a partnership firm of two partners A and B. 

2) partner A filed an o.p and i.a for  appointment of arbitrator and attachment ofpersonal property( in the name of partner B with the help of bank loan). the same is pending in the civil court.

3) in the mean time partner B sold a personal flat to the third party. partner B filed the dissolution suit in the same court.

4) partner A went to high court and got the order for appointing the arbitrator, in his favour without stopping the dissolution suit( o.p and i. a still pending).

5) partner b approached the supreme court and stayed the appointment of arbitrator.

6) partner A again initiated a new suit " SUIT FOR DECLARATION OF REGESTERED SALE DEED AS ILLEGAL,BOGUS, NULL AND VOID u/o 7 r1 and 2, r/w sec 26 of c.p.c ", in the court which comes under the area of the sold property and created the purchaser as the party in the suit for harassing to bend to his terms. ( before starting the civil cases partner A filed a criminal case against partner B and the charge sheet is produced in the criminal court for which the proceeding is going on.) 

questions:

1) DOES THE SALE OF PROPERTY WHEN THE O.P AND I.A IS PENDING MAKE IT NULL AND BOGUS?

2) O.P AND I.A FOR THE ATTACHMENT OF THE SAID PROPERTY AND DESOLUTION  AND RENDITION OF ACCOUNTS SUIT  IS STILL PENDING IN THE COURT. CAN PARTNER A INVOLVE ANOTHER COURT FOR ANOTHER SUIT FOR THE SAME PROPERTY "SUIT FOR DECLARATION OF REGESTERED SALE DEED AS ILLEGAL,BOGUS, NULL AND VOID "?

3) HOW CAN THE PROPERTY PURCHASER WHO IS NOT INVOLVED CAN BE MADE TO STAY AWAY FROM THIS HARRASSMENT?

4) PARTNER A IS CREATING MULTIPLE CASES TO HARRESS PARTNER B AND TRYING TO INVOLVE CLOSE ASSOCIATES OF PARTNER B ON THE MERE ALLEGATIONS WITHOUT ANY IOTA OF TRUTH TO BEND TO HIS TERM. HOW CAN WE CONTROL THIS ISSUE?



Learning

 5 Replies


(Guest)

1. Whether the personal flat is a property in partnership firm?

If yes partner B can sold the property

2. if order of attachment is pending  or attachment ordered.?

3. What is the nature of OA snf IA for what purpose?

 

regarding the third party  if he is  a bonafied purchaser he can get relieved. if he is in wilful intention he will become liable

ps (md)     16 January 2011

Thank you for your reply regarding your queries 

1)the property is in the personal name of partner B and the property was worth of 32 lakhs and 26 lakhs were took as a  home loan from ICICI bank remaining 6 lakhs were from his personal earning 

2) please elaborate the meaning of bonafied ?  the third party is not aware of this case and he purchased the flat by the help of loan from SBI bank 

3)Th OP was initiated by partner A fro appointment of the arbitrator and asked intrim relief to seize  partner B' s personal accounts and  property which includes this property .Both the OP and IA i still pending in the court

Any how sir i have given the whole list of events happened in a phase manner in my first right up

waiting for your reply .... urgent  

ps (md)     16 January 2011

no attachment order is given in the court  or order of status co is  not given  by the court the matter is still pending any order or dismiss 

ps (md)     16 January 2011

partner A creates a allegation that whatever personal money and the property of partner B is all of partner A and harressing partner B to compromise 

ps (md)     17 January 2011

plz help out


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