Cheque of partnership firm-partners' name unknown

How to proceed ahead in such a case?  send a legal notice in the first instance.

(ii)          Who should be made parties in such a case ?The firm

(iii)        Will it be sufficient, if the notices are issued in the name of the firm, since, the names of the partners are not known? Yes it be sufficient

(iv)        Will it be sufficient, if the notices are issued in the name of the said authorized signatory of the firm who issued the cheque?  Authorised signatory can be made as a party to the case.

How to proceed ahead in such a case?

Who should be made parties in such a case ?

     The firm as well as directors of the firm, and of course the signitary of the dishonoured cheque.

Will it be sufficient, if the notices are issued in the name of the firm, since, the names of the partners are not known?

      Find out from ROC and send notices to all, including firm.

Will it be sufficient, if the notices are issued in the name of the said authorized signatory of the firm who issued the cheque?

           No, you will have to include the firm on whose behalf the cheque was issued

According to law a Partnership firm shall have to be registered under the Registration of Firms and Societies Act. Secondly without submitting all documents of registration a firm cannot  open a Bank Account.  Therefore either from the office of the Registrar of Firms and Societies and also from the office of their Banker you can get names of the PARTNERS   To file a case on the ground of return of cheque you shall have to serve notices upon the firm as well as upon all the Partners and to file a case you shall have to make all of them as accused. Because in a case against a partnership firm  all partners are equally and jointly liable for the liabilities.

Dear Mr Kalaiselvan The answers of subsequent Lawyers are quiet at variance with what u have suggested Can You Please, go through teh subsequent answers and throw some light

even though my respected seniors have answered your query! i am rather interested to give my opinion and develop on the answer given by my senior Mr. Biswanath Roy, please try and read the signature on the cheque, you never know if they might have signed in manner in which you can read the signature, or you can ask the bank to tell you the names of the people operating and maintaining the account. also file an RTI with office of the Registrar of Firms and Societies and file the complaint a little late along with the application of condonation of delay. my experience is less than those of my senior, forgive me if my advice is wrong or mistaken, just in case.

regards

aashish george

@Mr. Ashok Kumar:  I find no variance by other experts to my answer, in fact they have added a few more suggestions, Mr. Biswanath Roy has added to include all the partners besides firm as parties.  First of all you have not stated that why and how the cheque has landed in your hand, I mean for what purpose? if this cheque amount was for supply of products or some other thing? because you may have invoices, delivery challans duly signed by some authorised signatory of the company, from which you can make out who was incharge of the top management etc so that he can be made a party too.  Thus go through the answer before making a comment on my opinion.

Dear Kalaiselvan

I beg to differ with what Shri Bishwanat Roy says

"Secondly without submitting all documents of registration a firm cannot  open a Bank Account."

To open a Bank account the firm need not be registered

Therefore when the firm is not registered  the office of the Registrar of Firms and Societies cant give u any details & Even if it is registered they wont give you any details under the garb of 3rd Party Information

Shri Bishwanathan  suggests to get the details from the Bankers And No Banker will ever give you the names of the partners of any firm unless directed by law or unless required by the Police 

Well Mr T. Kalaiselvan, Advocate 

U find no variance by other experts to your  answers! Please read my case properly

In the first instance I stated that the names of the Partners are not known.

You answered that it will be sufficient, in such case it will be sufficient if the notices are issued in the name of the firm, since, the names of the partners are not known

Mr Biswanath Roy says

"To file a case on the ground of return of cheque you shall have to serve notices upon the firm as well as upon all the Partners and to file a case you shall have to make all of them as accused."

is this answer not at variance to your answer?

How can you serve notices on partners whose names are not known?

Again ,Dr Vashistha says No, you will have to include the firm on whose behalf the cheque was issued

Is this answer not at variance with what you answered?

You are saying YES to something to which they are saying NO and you say that the answers are not at variance!

is that the kind of analogy you draw?

For you YES and NO are not at variance! Very Strange!

I subscribe, agree,and appreciate  expert advise of Sh. Bishwanath Roy ji,