• Debt recovery

I am Ludhiana resident , and I have to recover my money from haridwar and gurgaon ( same firm ). their account is NPA and they are not issuing any cheque for the same .. Also I came to know that some of the partners have left the firm . Is it recommended to file a case and if yes Can I file case against outgoing  partners also ? and Secondly How much time case will take in general conditions. What best remedy I have now. can I file a FIR for the same .please help me out .
Asked 1 year ago in Civil Law from Ludhiana, Punjab
1)issue legal notice to firm tp pay your outstanding dues 

2) if firm does not pay file summary suit under order XXXVII of CPC for recovery of dues with interest 

3) retired partners of firm wont be liable to pay your dues 

4) you can interim orders within period of 1 year to firm to deposit money in court 

5) if the firm does not have any defence court can pass decree in your favour within a year 

Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
5.0 on 5.0
Hi, you have to file a suit for recovery of money in favour of firm represented by partners.

2. Partners may come and go firm will remain the same and you are doing the transaction in favour of firm. So you have to file a suit for recovery of money against firm.

3. The limitation for filling suit for recovery of money is 3 years. which please note.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
  section 32 Retirement of a partner

A partner may retire-

with the consent of all the other partners,

in accordance with an express agreement by the partners, or

where the partnership is at will, by giving notice in writing to all the other partners of his intention to retire.

A retiring partner may be discharged from any liability to any third party for acts of the firm done before his retirement by an agreement made by him with such third party and the partners of the reconstituted firm, and such agreement may be implied by a course of dealing between such third party and the reconstituted firm after he had knowledge of the retirement.

Notwithstanding the retirement of a partner from a firm, he and the partners continue to be liable as partners to third parties for any act done by any of them which would have been an act of the firm if done before the retirement, until public notice is given of the retirement:

PROVIDED that a retired partner is not liable to any third party who deals with the firm without knowing that he was a partner.

Notices under sub-section (3) may be given by the retired partner or by any partner of the reconstituted firm.
Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
5.0 on 5.0
 Hi, when the transaction taken place they are the partners of the firm then you can make a parties  of the retiring partners also. They are also liable to  pay the amount.

2. Along with firm you can also make who are all partners of the firm as party.

Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) Under sub-section (2) of Section 32 of the Indian Partnership Act the liability of the retiring partner as against third party would be discharged only if there is an agreement made by the retiring partner, with the third party, and the partners of the reconstituted firm. Of course, an agreement could be implied by the course of dealing between such third party and the reconstituted firm, after retirement of a partner

2) in your case if there is no agreement with retired partner he would continue to be liable 
Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
5.0 on 5.0
1. You can file civil suit for recovery of money.
2. The suit will lie against all the present partners  and not necessarily past who were there at the time agreement was executed.
3. Making retiring partner party to the suit will give no result.
4. File criminal case of cheating as well.
5.The cases can be filed from the place where the agreement executed or cause of action arises.
Devajyoti Barman
Advocate, Kolkata
5233 Answers
54 Consultations
4.9 on 5.0
First of all issue a legal notice to the firm demanding the outstanding amount.
Failing to invoke proper response, you may file money recovery suit and along with file an IA for attaching the property as security under Attachment before judgement rule. The case get disposed within a year too.
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0
1. You can file a lawsuit for recovery of money against the firm. The liability of the firm will have to be proved. The liability of the partners is limited to the extent it has been mentioned in the partnership deed. The retired partners can also be made liable.

2. A criminal case does not lie except if you have the evidence to prove cheating and breach of trust is committed by the firm. 

3. The disposal time will depend on the pendency of cases in the concerned court. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
You can file a recovery of money suit .The firm is the defendant and also its managing partner or any other person who is represented for the firm may be sued.The out going partner has no role if you file a case against the firm. So first you demand the money by sending a legal notice to the firm and then file a case for recovery of money due to bad debst
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0

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