RAJESH KUMAR SINGH (SENIOR MARKETING EXECUTIVE) 26 September 2016

Attachment of property in relation to a case u/s 138 ni act

I HAVE FILED A CASE AGAINST THE DIRECTORS OF A COMPANY. CHEQUE WAS SIGNED BY ONE SIGNATORY. IT WAS A COMPANY'S CHEQUE. MONEY RECEIPTS HAVE BEEN ISSUED BY THE SAME DIRECTOR.

TOMORROW THE ACCUSED DIRECTORS ARE SUPPOSED TO VISIT THE COURT IN RESPONSE TO SUMMONS ISSUED TO THEM.

THE ONLY IMMOVEABLE ASSET OWNED BY THE COMPANY IS A 99 YEARS LEASEHOLD PROPERTY ON WHICH THEIR BUSINESS RUNS.

THEY HAVE TRIED TO SELL THE PROPERTY EARLIER.

IF I GET ATTACHMENT OF THIS PROPERTY AT THIS STAGE, I SHALL GET MY PAYMENT IMMEDIATELY.

CAN I HAVE ANY REFERENCE NUMBERS TO SUPPORT MY REQUEST.

AS I APPREHEND THE DIRECTORS MAY DISSOLE THE COMPANY OR DECLARE THEMSELVES BROKE OR TRANSFER THE OWNERSHIP OF THIS PROPERTY.

REGARDS

RAJESH KUMAR SINGH

9804189271

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3 Replies

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com) 27 September 2016

File an application seeking interim order NOT to sell / dispose or create third party interest in N.I Act proceeding, Morever file Recovery suit

RAJESH KUMAR SINGH (SENIOR MARKETING EXECUTIVE) 27 September 2016

Can recovery suit and ni act case proceed simultaneously? What is the stamp duty to be paid in filing a money suit in west bengal?

SAINATH DEVALLA (LEGAL CONSULTANT) 27 September 2016

At the outset U have to prove the liability for which the cheque has been given by the company.The case under NI Act has to befiled onthe company represented by its Directors.Unless the liability and the purpose for which the cheque has been given by the company is proved under NI Act,U cannot proceed otherwise against the company.property cannot be attached unless the company is winded up and liquidated by the order of the High Court.

Hence take the able assistance of a local company lawyer and proceed further in addition to the NI Act case.