sunil (prop) 09 January 2016

Suit for declaration - use of false documents

Distinguished Members,

My question is:

1) Is there any IPC / CPC section to penalize Banker for giving wrong information under his seal?

2) How the Defended/Respondent can be made responsible for using documents with false information?

Case Detail as under:

Replying to Show Cause Notice the Defended/Respondent filed a written objection with an annexure “A” “To whom it may concern” hand written letter on letterhead of our banker with bank’s seal which says as under:

Quote “Meantime xxxxx xxxxx and xxxxxx xxxxx has withdrawn partnership from the firm and also instructed us for no transaction in the a/c.” unquote.

Note: xxxxx xxxxx are partners and Plaintiffs/Petitioners in the suit.

The banker has given wrong information as there is no such instruction was given and there is no such withdrawal from partnership.

Detail of the case:

Plaintiffs/Petitioners are partners A & B in a firm filed a Suit for Declaration and an application U/o 39 R 1 & 2 read with section 151 of the Code of Civil Procedure against another partner C the Defended/Respondent in the suit; to stop him from taking control of the properties of the firm and to get the account books and other valuable documents from the possession of partner C Defended/Respondent.

An interim order has been passed by the Ld Court:

quote “the defendants are directed not to alienate, transfer or parting with possession of the properties of the partnership firm by any means. The instant order will remains operative till ** *** 2016” unquote

Looking forward for advice.

Rgd

Reply Follow

4 Replies

G.L.N. Prasad (Retired employee.) 09 January 2016

Whether it is a Banker or Public Authority, every one is above law and it applies to all. In case of Bankers, Courts view it seriously as 'Trust' is involved in their operations.

The correct way of doing things has to be guided by your advocate. Banker may be asked to produce such document through court, and it brings truth before Court.

adv.raghavan (Advocate,9444674980) 09 January 2016

Query is selective, need more information to update you properly.

sunil (prop) 10 January 2016

More Information:

In written objection of the Defendant/Respondent is writing in his defence as under:

“Be that it may, xxxxx xxxxx and xxxxxx xxxxx , the Plaintiffs/Petitioners herein, who were the partners of M/S xxxxxxxxx, have resigned from the said partnership business and as such there is no transaction in the bank a/c, which also appears from the banker’s letter dt. xx/xx/xxxx.

“it is submitted that since the said partnership business was dissolved and as such, the issue of scheduled premises do not come into the picture.”

“It is submitted that businessmen used to setup his business in many places but after his withdrawal himself from the business may not claim of the said business nor able to keep their right on the said business place which was surrendered by themselves before long.”

Note: The Defendant/Respondent has one objective - to grab the property and wealth of the firm. The schedule premises is rented in the name of individuals belonging to the petitioners side.

Other offences committed by the Defendant/Respondent

Land in the name of one of the (founder) partner and also in the name of the firm has been sold by declaring the said partner as un-married and without legal heirs when he died intestate; where as the plaintiffs are heirs of the said (founder) partner. A charge sheet against accused (respondent) u/s 420/406/467/468/471/120(B) is already underway and he is out on regular bail.

False cases been filed against plaintiff u/s 144(2) and u/s 506/509 IPC to intimidate and to pressurize plaintiff for a compromise and to counter case u/s 448 IPC filed against one of the associates of the Respondent.

Hope the above information can give clearer picture of the situation.