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Mahesh Kumar (Proprietor)     21 September 2014

Regarding insolvency

I have an Amount pending with a Partnership Company and they have filed for Insolvency which is pending in the court.

I would like to know whether I can file a criminal case such as Cheating or Breach of Trust against them in the below mentioned conditions:

1. Insolvency Pending in the Court.

2. If insolvency goes in favour of the Partnership Company or if the Court dismisses their petition.

Concluding Point:

 

1. The client does not have anything to pay but they have broken my trust.

2. Can I file criminal case against them irrespective of their insolvency petition? 

3. Is  a criminal case sustainable in the court if they have filed an Insolvency Petition in the court.? Does my right to take criminal proceedings against the Company is accepted or entertained in the court?

4. Does insolvency petitions safeguard the Company from any Criminal Actions against them?

 

Kindly suggest me with your views.

 


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