Recovery of money sec 27 of indian poartnership act,1932
KAMLESH KUKREJA
(Querist) 19 December 2012
This query is : Resolved
an partnership firm carries on trading business in goods.firm sells goods on credit basis and payment is always received in cash in office of partnership firm, but when one of partner visits the office of customer for some work.client paid him the money at that time itself in his office(partner is not authorized to receive cash) and partner does not account for that cash and he run away.
can firm recover the money from customer as customer have not paid at office.
ajay sethi
(Expert) 19 December 2012
partner has received money for and on behalf of firm .has the client obtained any receipt from the partner for cash payment made . cleint can take the plea that payment has been made .
KAMLESH KUKREJA
(Querist) 19 December 2012
No receipt has been taken but client doesnot know that he is not authorised to receive money
ajay sethi
(Expert) 19 December 2012
cleint can take plea that payment has been made . but what is evidence in absence of any documentary evidence .
Raj Kumar Makkad
(Expert) 19 December 2012
If the client has no receipt with him, the payment shall not be treated as made by him so the firm can do recover the same from him but on the other hand, a question mark is also upon the firm, the partner of which is absconding and is not coming forward to rebut the claim of the customer.
Firm should obtain a complaint from customer and should account for against the share of the absconding partner.
