N.I.Act

Sarvesh Kumar Sharma Advocate (Querist) 28 September 2009 This query is : Resolved
a person name-x,issue cheque of his firm (propriter)to my client ,because his account is firm name.
i file case by x'name, whenever that cheque was firm name,
court want to setisfy that the account holder is x.
how i can prove?

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PJANARDHANA REDDY (Expert) 28 September 2009
MR. SARVESHJI, U TOLD IT IS A FIRM OF PROPRIETOR,THE CHQ BANK CAN IDENTIFY THE PROPRIETORSHIP OF THE FIRM,OR ANY FIRM REGISTRATION,VAT CERTICATE,MUNICIPAL TRADE LICENCE,LICENCE OF SHOP & ESTABLISHMENTS, LAB OUR LICENSE ,SSI,ETC.,

Manish Singh (Expert) 28 September 2009
u should have filed it like writing the propreitorship concern's name firt and then followed wtih like " the respondent name- the Proprietor".
anyways it can easily be proved vide relevant documents as letter head, business cards or any other written communication or any document related with.

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A. A. JOSE (Expert) 28 September 2009
In the eye of law proprietorship concern and proprietor are not two separate legal entities as is the case with the companies and their directors/shareholders,etc. You have merely to produce any relevant document establishing that Mr.x is the proprietor of the proprietorship concern.

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Sachin Bhatia (Expert) 28 September 2009
Bank will identify and give evidence that x is the operator of that account.

Raj Kumar Makkad (Expert) 28 September 2009
AA Jose is correct. Any document whether it may be bank's evidence, letter-head, Sine-board, any bill, voucher etc. may be sufficient to prove that both are same and one.