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Chelakara Subramanian   13 July 2022

Holding company responsibilities

For Redevelopment of a Housing Society in Mumbai, negotiations were held and MOU signed with a Developer (Pvt.Ltd. Company). Subsequently at the time of signing the Development Agreement, this Developer asked the Society to sign with a different Pvt.Ltd. company claiming that it is their Wholly owned subsidiary and the management of the new entity is under their control. The Wholly owned subsidiary company has failed to comply with the terms and conditions contained in the DA, especially agreed corpus fund, compensation for arranging alternate accommodation by the Society member conced, penalty for delayed possession etc. They have also unilaterally changed certain clauses in the DA detrimental to the interests of the existing society members. To what extent the Holding company is responsible for the default of its wholly owned subsidiary company in fulfilling the contract? What action the Society can take against the Holding/Parent company? Kindly advise.


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 1 Replies

DR.VEDULA GOPINATH (ADVOCATE AND CORPORAE ADVISOR)     18 July 2022

Please file a complaint with Regulatory authorities.  Since the holding copany signed the agreement, both the developer company and their holding companies are jointly and severally liable for defaulting of DA.


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