Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 18 January 2015

Doubt pertaining to civil recovery

Hello

In case of an unregistered partnership firm, what is the correct way to file a suit for recovery?

If the firm is a partnership firm but is not registered, then can it file recovery suits against defendants who owe them money? If so , then how does the bar under section 69 clause II of the Partnership Act not prevent them?

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2 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 18 January 2015

Dear, I think there is not way out, because subsequent registration will not help you much ...... There are various judgements regarding this issue .... But if you show the recovery suit in a personal capacity and not in the firms capacity then you can get some benefit ..... Kapil Chandna Adv 9899011450

T. Kalaiselvan, Advocate (Advocate) 20 January 2015

If the liability by the firm to the individual is proved, then money recovery suit can be very well filed. Registration partnership firm is not required for this.