Can dormant company file any civil suit, specifically civil suit for damages?
Rupali Shah 26 April 2023
Can dormant company file any civil suit, specifically civil suit for damages?
P. Venu (Advocate) 26 April 2023
What are the facts? What is the context?
T. Kalaiselvan, Advocate (Advocate) 26 April 2023
if a dormant company sues or is sued then it may simply cease to be dormant.
Requirements to Be Declared As a Dormant Company
There must have been no investigation, inquiry or inspection ordered or carried out against the Company. The Company must not have any secured or unsecured outstanding loan in its name.
Dr J C Vashista (Advocate) 27 April 2023
Section 455 of the Companies Act, 2013 provides:
"Where a company is formed and registered under this Act for a future project or to hold an asset or intellectual property and has no significant accounting transaction, such a company.
OR
*An Inactive Company, may make an application to the Registrar in such manner as may be prescribed for obtaining the status of a dormant company."
Who and how did the company has been declared dormant and why does a dormant company wants to sue or who want such company to be sued under the provisions of Companies Rules 2014 ?
Rupali Shah 27 April 2023
UK based dormant company has filed suit in India claiming damages of Rs. 5cr. In that case how dormant company made expenses of advocate fees, court fees etc. ? Further in plaint, company has not disclosed that it is dormant company. incorporation certificate has not been filed on record.
Shashi Dhara 27 April 2023
Defend in court by engaging advocate .
P. Venu (Advocate) 27 April 2023
No definite suggestion is possible unless the plaint is perused and the facts as well the issues discussed.
Sudhir Kumar, Advocate (Advocate) 19 May 2023
Please share facts of the case instead of setting questionpaper for examination