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Complaint against private trust

Querist : Anonymous (Querist) 03 January 2012 This query is : Resolved 

An institution owned and run by a private trust does not pay up its dues to a service provider. The service provider intends to initiate criminal prosecution against the trust for cheating and other offenses. The trust deed is not available. The registration details of the trust is also not known. The names of all trustees is not known. Only the details of the managing trustee is known.

In the above case, against whom the complaint should be lodged?

Would it be sufficient if complaint is lodged only against the managing trustee or is it necessary to include the names of all trustees in the complaint?
Devajyoti Barman (Expert) 03 January 2012
Yes , such details are not required either.
The names should be those of managing trustees.
The names of all trustees are not required. The implicated trustees themselves provide the names pf other trustees if they are also involved.
Deepak Nair (Expert) 03 January 2012
The name and address of the trust and/or the institution managed by the trust is enough to initiate any criminal proceedings. Further details will be automatically disclosed once the managing trustees are prosecuted.
Sudhir Kumar, Advocate (Expert) 03 January 2012
No criminal suit can be filed against any body corporate trust/company/society etc. Criminal case is against the person [Mr ____ s/o _______ r/o _________ preetny residing at _________ cast _____] who act ually did cheating on behalf of company (whether for his benefit or of company. You probabably know the actual culpruit.
prabhakar singh (Expert) 03 January 2012
Yes! it would be sufficient if complaint is lodged only against the managing trustee, however in my view, only a law suit is the remedy available in given facts.
Raj Kumar Makkad (Expert) 04 January 2012
If money was not paid to the service provider then where is the question of criminal case?

This is purely a civil case for recovery which can be instituted against the trust and managing trustee before the competent court of law.
Shonee Kapoor (Expert) 06 January 2012
sufficiently guided.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
M/s. Y-not legal services (Expert) 06 January 2012
what are the legal steps taken by you for collect the money?

am also agree with makkad sir, its a clear civil dispute., just file a suit for recovery of money., before that issue legal notice to claim your money.,

-tom-


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