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whom to be sued

manoj (CA) (66 Points)

18 May 2008

Dear Members,

when an party wants to sue a company, then to whom against it should issue an notice, is it against the company or against the directors.??

At the point of time i suppose the company is a independent person and a case can be filed against it. But there is a kind of disagreement between among my other friends . Just to clarify this doubt i am posting it..

kindly reply

regards

manoj

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4 Replies

Shekar (CA & LCS ) (1109 Points)
Replied 19 May 2008

Hi..

I think u cannot sue company because although company has seperate legal existence...but directors represent company in all the dealings of company as company has no physical existence..u can sue directors i think....

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Preeti Sanghi (Advocate) (48 Points)
Replied 19 May 2008

Hi manoj,

i think u r rite, company has its own legal existance. party can sue the company directly. it is your own choice whether u serve a notice to its director or not.

U can issue legal notice against company directly on its registered office address.

Further, if the director held persollay liable to the act , for which party want to sue the company, this type of cases normally notice also serve to the directors.