assignment deed in civil recovery suit
Querist :
Anonymous
(Querist) 11 June 2011
This query is : Resolved
Sir
A a private limited company appointed me as their sub- dealer to sell motorcycles. partnership deed was signed where i was holding 75% and that company A was having 25% share in pertnership. I was billed from company A only and had no way connected with the main suppliers.A dispute arose between the partnership firm as I owed them some money for which they filed a suit in 2002 for recovery from pertnership firm and me.no dissolution deed was signed as our deed required 3 month notice for dissolution. in the mean time A ' company in 2005 entered into assignment deed with the main suppliers ans assigned the recovery suit to the main suppliers to fight the case.Till date the suppliers have not come to the court to contest the suit ,only ' company is contesting and the suit is on plaintiff evidence only. My question is (a)can they file a suit on my partnership firm where they themself are pertners.(b)can they assign the suit to main suppliers with whom I have no direct dealing.(c)Main suppliers are not appearing after assignment deed in 2005. what defence I should take now ? At one time I was ready to pay them at the initial stage but they wanted interest @ 24% which I denied and they filed the suit.
prabhakar singh
(Expert) 11 June 2011
QUESTION(a)can they file a suit on my partnership firm where they themself are partners.
ANSWER: YES.
QUESTION(b)can they assign the suit to main suppliers with whom I have no direct dealing.
ANSWER: YES.
QUESTION(c)Main suppliers are not appearing after assignment deed in 2005. what defence I should take now ?
ANSWER:PRAY THE COURT TO DISMISS THEIR SUIT IN DEFAULT.
These answers are subject to provisions of section 69 of the Partnership Act,in case the firm is not registered with registrar of firms,no suit could be filed as such suit is barred by above provision.But its a curable defect subject to law of limitation.
