Hello everyone, There is a holding company which has 3 subsidiary companies. There was a case of Oppression & Mismanagement in NCLT the results of the case were positive and in the favor of the company. Now the same case is going on in the holding company based on oppression and mismanagement which is registered in Maharashtra (Amravati). The subsidiary companies are based in Bangalore. Can I link both the cases and show that I had a positive response in the case of subsidiary companies? Can I link the jurisdictions? if yes how ? if not why? Can u all please advice and help me with some similar case laws showing this. It would be of great help.
From India, Visakhapatnam
From India, Visakhapatnam
The dismissal of the complaint against the subsidiary company is not decisive in the case of the holding as the companies are different and hence separate juristic persons. The holding company's interest or involvement in the subsidiary company cannot determine the fate of the complaint against it. Each case has to be defended on its merits however if the facts are similar in both the complaints, then it will have a lot of effect in defending the case against the holding company, otherwise it is only of debating value. The jurisdiction of the Banglore and Amravati forums are parallel and independent. Every company is different is the basic premise of law and doesn't need any case law to support it. However the decision in Singer India Ltd Vs. Chander Mohan Chadha and Ors (AIR 2004 SC 4368) that it is not open to the Company to ask for unveiling its own cloak and examine as to who are the directors and shareholders and who are in reality controlling the affairs of the Company can be cited in support of the legal proposition that each incorporated company is to be treated as seperate.
From India, Mumbai
1422From India, Mumbai
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