non payement of rent by the tenant
namasivayam
(Querist) 22 April 2008
This query is : Resolved
we have rented our property to a company having 4 partners. three have left india for good.only one partner is running the company.lease agreement expired two years back.he has defaluted payement of rent past one year.we have filed rcop in chennai small cause court.partner in india has recieved the summon,but other three partners has not recieved the summons because they are not india.one is in USA and 2 in UK.he says he has closed the company and started a new company with his family members.my question is can we lodge a complain with the respective embassies about the fraud they have commited.what step should we take.please reply its urgent.we have filed for eviction.namasivayam.
namasivayam
(Querist) 24 April 2008
can anybody heip me?
Manish Singh
(Expert) 24 April 2008
Firslty make it clear whether that is a firm or a company since a copmany can not have partners but it is run by directors.
If it is a firm then sue the partner who is in india.
all of them will be held liable for the said arrears in spite of not being in india. you will be entitled to get your arrears back from the partner residining in india and the said partner will have to recover it from th other partners.
namasivayam
(Querist) 24 April 2008
thank you.it is a firm not a company
Manish Singh
(Expert) 24 April 2008
Since it is a firm then file A recovery suit in the name of pertner residing in India for the arrears. you will get all your dues paid by him.
namasivayam
(Querist) 26 April 2008
if it a pvt company then what should be done
Kiran Kumar
(Expert) 27 April 2008
if it is a company then u ll ve to proceed against the company and u ll be paid out of the funds of the company.....in case of firm the partners are individually liable.
as far as making complaints to the embassies i wont suggest u to do such type of things......u ll end up waisting a lot of ur time...better remain concerned with the rent and possession of the property.
