Un-registered partnership firm claiming dues
Guru
(Querist) 14 April 2021
This query is : Resolved
We are a partnership firm, 2 partners, me & my brother. We have deed of Partnership on stamp paper dtd 12-03-1998. We are registered MSME and have Credit facility from SBI. We regularly pay Income tax and GST.
One of our customer has not paid dues after purchasing items from us.
Can we claim the due payment by filing a case in civil court? Since we are not Registered Partnership, can we file the case or not?
kavksatyanarayana
(Expert) 14 April 2021
The Registration of a Firm under the Partnership Act is optional. It is necessary to register the Firm for obtaining the credit under MSME. But fortunately, the Bank sanctioned the loan and you are having the MSME certificate. You can file a civil court only after consulting CA.
Advocate Bhartesh goyal
(Expert) 14 April 2021
An unregistered partnership firm can not file recovery suit in civil court.Sec 69 ( 2 ) of Indian Partnership Act 1932 ,Imposes , restrictions on unregistered partnership firm.
Dr J C Vashista
(Expert) 15 April 2021
I agree and appreciate opinion and advise of expert Mr. Bhartesh Goyal.
Unregistered firm can not sue / be sued, however, both of the partners can file a suit for recovery in individual capacity.
Consult and seek professional services of a local prudent lawyer.
ashok kumar singh
(Expert) 15 April 2021
I am also sailing in same boat as agreed with views of earlier experts.
thanks
J K Agrawal
(Expert) 16 April 2021
You may get the firm registered today and then can file a suit. No time limit prescribed anywhere.
