Legal Question in Credit and Debt Law in India

Can my debtor - a partner in a partnership Firm - escape liabilities u/s 138 of NIA if they change their type of firm into a Pvt. Limited Company, during the course of litigation?

What actions should be taken by me?

What if, the share holding pattern of the firm has changed in the new organisation? The accused partner has infused his capital into the Pvt Ltd company.


Asked on 8/24/10, 4:52 am

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

no, the liability cannot be changed on the basis of change of status of firm. the liability would remain.

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Answered on 8/24/10, 5:41 am
Vishwa Arya Arya & Co.

the partners still remain liable for the offence

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Answered on 8/24/10, 11:07 am


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