Recovery suit assigned t third party
Inderpal Singh
(Querist) 05 March 2014
This query is : Resolved
sir
A pvt ltd company entered into partnership with a person named B and formed partnership firm with share ratio of 25% of company and 75% of other person B. After five years a dispute arose as the partnership firm which was controlled by B had outstanding towards the private limited co. The limited company filed a suit for recovery of the total outstanding though they were themselves partner upto the extent of 25% of the liability as the firm was not dissolved till date.in the meantime the company assigned the suit to another company after two years of court proceedings.The other company has not appeared till date and the plaintiff co is fighting the case. My questions are
1 can a company file a case on a firm where they themselve is partner upto 25% share this is a case upon themself and what is the law
2 As the case was assigned to other co which is not appearing till date what is the remedy now.the case is for defendant evidence now.
please advise as this case pertains to my family and I am a lawyer dealing with
revenue law only
Thanks and gards
Inderpal Singh
Advocate
Dear Sir
The reply was not received may be it was not posted kindly reply again
Thanks
ajay sethi
(Expert) 06 March 2014
commercial query
T. Kalaiselvan, Advocate
(Expert) 06 March 2014
Your query is not clear. If you have said that whether the company can file a suit against its own self? what do you mean by this? do you want to say that the company is filing a suit against one of its partners through the other partners for recovery of money from that partner during the partnership of the firm is still in vogue?, if so, it is not maintainable. It has to be sorted out only after proper auditing and after ascertaining the other partner's liability and his refusal to settle.
Now about assignment of suit to another company, what is this?, Have you assigned the company to some other company with all assets and liabilities and they are pursuing the suit? Please clarify.
Dr J C Vashista
(Expert) 07 March 2014
Vague and commercial query and incomplete information.
Engage a local lawyer, give him/her fees and brief to take on your case in a professional maaner.
