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Dispute In Partnership Firm And Recovery Process
24-Jun-2025 (In Civil Law)
Question is 1) the partnership firm is registered but reconstituted many times. 2) After reconstituting firm and deed not INTIMATED to REGISTRAR 3) one partner file a case against a another partner for forgery and cheating in the same firm and matter is subjudice 5) There are two partner facing charges out of four partner 6) can the two who are facing charges can file recovery suit against third party in the firm name....without the CONSENT FROM OTHER PARTNER ......and without there knowledge. Please guide mam about there legal credibility against third party..
As an advocate,
It is unlikely that the two partners facing charges can unilaterally file a recovery suit against a third party in the firm's name without the knowledge and consent of the other partners, especially given the firm's unnotified reconstitution and the ongoing subjudice matter concerning forgery and cheating within the partnership. Under Indian law, while a registered firm has legal standing, the internal disputes and lack of proper intimation to the Registrar of Firms regarding reconstitution can significantly impact the authority of individual partners to act on behalf of the firm without collective consent, particularly when the very integrity of the partnership's operations and the partners involved is under judicial scrutiny.
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Adv. Mahrukh Khan
Mumbai | 200+ Answers
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From what you’ve shared, there are critical legal and procedural aspects involved — especially with the firm’s reconstitution not being updated and two partners facing charges. Filing a suit in such a scenario, without proper internal authority, can raise serious questions about the case's credibility.
To address this properly, it would require going through some key documents and facts. Happy to guide you further once we look into the details.
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Adv. Nidhi Preetam Banvali
Mumbai | 25+ Answers
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