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Ca foundation law partnership

an unregistered firm applied for registration on august 17, 2018. On August 19,, 2018 before the registration could be effected, it filed, a suit against X for the recovery for Rs. 15 lakh. Registration certificate was given to it on August 28, 2018. Is the suit is maintainable?


Lucky Garg

Lucky Garg

CA Foundation

2K+

23-Apr-20 14:53

62

Answers (6)

No.


Suraj Lakhotia

Suraj Lakhotia

Admin

24-Apr-20 09:03

Please explain reason


Lucky Garg

Lucky Garg

CA Foundation

2K+

24-Apr-20 09:38

As per section 69, No suit to enforce a right arising from a contract shall be instituted in any court by or on behalf of a firm against any third party unless the firm is registered and the persons suing are or have been shown in the Register of firms as partners in the firms. Since the firm is registered only on 28th August, a suit filed on August 19 is not maintainable.


Suraj Lakhotia

Suraj Lakhotia

Admin

25-Apr-20 09:25

Yes, the company can sue after 28th


Madhuri Veluri

Madhuri Veluri

Moderator

26-May-20 10:18

Yes, the company can sue after 28th

Ok ð???


Abhishek Purohit

Abhishek Purohit

CA Final

10K+

26-May-20 21:12

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