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Querist :
Anonymous
(Querist) 10 August 2011
This query is : Resolved
it is related to my husband , he was working with a bank in india as a DSA IN 2008 . that time he got loss in business of near about 20 lac . he covered 10 lac from his pocket but rest amount is still balance. that was partnership firm . another partner of my husband is not supporting him. now we are in gulf and bank people are calling us again and again for rest amount but we don’t have. he wants to come india. it is possible they can create any problem if he will come to india ? . what we have to do next ? my husbands blank cheque is also with there with bank.
my husband was working with HDFC Bank as a DSA in 2008 . he was giving business to bank and bank was paying him 5% on that every month. eg: 50 lac business 5% will b 2.5 lac , suddenly due to market crash
bank reduce that 5% to 1% , that time my husband had more the 20 staff and other expanses also , so he started making loss . after that he decide to close the DSA. Then he found that more then 20 lac he have to pay to bank. he covered near about 10 lac from his saving. and now we r in UAE , we r trying to settle here my husband is doing Job. We don’t have money to close that amount and they r calling us again and again from Delhi for the money. My husband’s partner also residing Delhi but they are not following him. Suggest me what we need to do??
ajay sethi
(Expert) 10 August 2011
1)i presume partnership firm was duly registered . all partners of the firm are liable for debts of the firm . has the firm been dissolved?
2) if your husband has given blank cheques the bank may fill in blanks and deposit cheque in bank to make out a case for cheuq bouncing .
3)did the cheques given by your husband mention amounts, name of the payee , dates .? please clarify
R.Ramachandran
(Expert) 10 August 2011
You are unnecessarily opening fresh threads for the same query.
But you never answer the point asked. Whether the "DSA" which you are mentioning is a partnership firm? If so, what is the status of the Firm now?
Querist :
Anonymous
(Querist) 11 August 2011
Hello sir,
no , partner ship firm was not register . we just made an aggrement on stamp paper and only notrrised it.
we dont have partnership surrender deed also.
Advocate Rajkumarlaxman
(Expert) 11 August 2011
Already this query has been answered but if you have further clearification then add iyt to supplementary query as salready stated.
It means that untill and unless you cancel the same partnership still exists. do you have the original deed with you of partnership. you have all the chances to claim his debt share. go for that
R.Ramachandran
(Expert) 11 August 2011
When the DSA is not a partnership in its real term, how can you say the bank has to approach another partner who is in India etc? There is no partnership in the eyes of law and the bank is not aware of any partnership at all. If your husband in all his wisdom did not think it necessary to register the partnership firm but was only contended in having a notorised paper, it is his folly. The bank cannot be faltered in pursuing its dues against your husband who was the DSA to the bank.
