Unregistered partnership firm
Adv. karinamishra
(Querist) 09 June 2016
This query is : Resolved
whether unregistered partnership firm can be sued for recovery claim by a third party?
plz give case laws if any.
Devajyoti Barman
(Expert) 09 June 2016
Professional query.
This place is not meant for providing citations.
Rajendra K Goyal
(Expert) 09 June 2016
Academic query, state material facts of the problem if any.
Adv. karinamishra
(Querist) 09 June 2016
Plaintiff approach a developer for purchasing flat. the developer is partnership firm. accordingly the Plaintiff gave an amount of Rs. 20 lakhs through cheques in the name of firm and received acknowledgement receipt for the amount.However the deal did not work hence the Plaintiff demanded money back from developer. even after several reminders developer did not pay the amount. therefore the Plaintiff filed recovery suit against the firm and its three partners. The partnership firm found to be unregistered. now whether unregistered partnership can be sued for recovery? I m for Plaintiff.
N R Dash..
(Expert) 09 June 2016
How they have opened a bank account in the name of an unregistered firm.
You can sue them by making all three partners as defendants c/o the unregistered firm.
N R Dash..
(Expert) 09 June 2016
By the way case laws and mere technicalities are not discussed here.
Devajyoti Barman
(Expert) 10 June 2016
The unregistered firm can very be sued for recovery of money. There is absolutely no legal impediment.
There is no requirement for registration of rim to open a bank a/c.
N R Dash..
(Expert) 11 June 2016
As per RBI mandate and regulations, account can not be opened in anonymous names. Registration of a proprietorship or partnership deed is not required, however, to open a bank account local registration like (VAT, ST, Shop n Est.) would be required.
The query is resolved.
