Hi, you have to verify whether cheque bounce case is relating to Partnership Firm or individual capacity of Director. If the case is filed under individual capacity and then you don't bother too much. If the case filed under Firm name and the Director is represent the Firm then it is little bit risk is there.
Attach property
I would like to know if someone can put an attachment on a Partnership firm in which one of the directors has a cheque bounce case and a civil case (already attached property and still under court). We plan to buy a commercial building in the name of a new partnership firm and one of the directors in this partnership firm has legal cases on cheque bounce and civil cases. so is there any way that they can come and attach this newly bought property?
Asked 4 years ago in Criminal Law
Religion: Hindu
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9 Answers
Hi, you have to verify whether the cheque bounce case is relating to the Partnership Firm or the individual capacity of Director ANS: it's with a different company - its a private limited company and cheque related with private limited company
Asked 4 years ago
If the cheque which was dishonoured had been issued by the partner in his personal capacity from his personal account, the firm's property cannot be legally attached.
1. Yes you can still proceed with attachment of your claim
2. If the newly bought property is related to your assets of same company then they can attach.
3. If the cheque is given on behalf of partnership firm then it will be liability of partnership firm and vice versa
newly bought proeprty would not be attached as seller is differnt company
property would not be attached
The company's property cannot be attached for recovery of individual's loan or debts.
If one of the directors has incurred any liability outside then it would be his personal liability and the company's liability,therefore the property proposed to purchase for the new partnership firm cannot be attached because it is the company's property.
- If the said property is a part of Partnership firm , and the said cheque also related to the business of the firm , then if you will purchase the new property in the name of firm then it can be attached by the court for the recovery of the cheque amount in the civil case.
- Further, if the said case is an individual of one partner , then any property in his name can be considered for attachment.
- Further, if the said cheque in question is of AA firm , and the said property is a part of other BB firm then it cannot be attached .
If the pending cheque bounce is pending against the company then the director's personal property cannot be attached until and unless he had given this property towards collateral security towards the loan or debts.
Dear client,
it can be attached if the director has worked in the scope of his work towards the partnership firm.
Thank you
