Help-service of a party after an exparte injunction order
Rajat sahotra
(Querist) 27 October 2011
This query is : Resolved
Dear Experts,
Filed a suit for injunction against a company who is the land lord and who had mortgaged its property to the bank who has decided to auction the property and issued the notice of vacation of tenanted premises to the Tenant i.e. us.
ex parte injunction is sought and obtained against the bank and the landlord company.
But on compliance of injunction order it was found that the company is sold to someone else and some other company is running at the given address.
Resummoning of dasti summon is sought to there other address where it was reported that the owner of the company has died way back 2-3 years.
Names and address of Sons or LR's of the owner of the company is sought but the plaintiffs are not able to trace out the exact date of death of the company owner to file the application to bring LR's on record under Ord 22 Rule 4 of CPC.
Whether the application not mentioning the date of death of the owner of the company is maintainable in court or can be filed without date of death?
what other remedy s available in case date of death is not known of the company owner.
adv. rajeev ( rajoo )
(Expert) 27 October 2011
apply for the death certificate of the deceased. It is a public document you will get it. If you are unaware of the death date then try to find out for that. If you didn't get it inspite of your effort then file an application to bring LRs on record stating that recently you came to know the death of the owner.
Devajyoti Barman
(Expert) 27 October 2011
The LRs of the owner of the company is something unheard of.
The Company is itself a juristic person and it can well be represented through any of its Director.
There is absolutely no need to look for the persons in charge of the company in the capacity of Directors who is living and who has died
ajay sethi
(Expert) 27 October 2011
a company is a juristic person . if company is the landlord how can company die?
Rajat sahotra
(Querist) 27 October 2011
But Rajeev g,
We don't know where he died so from where to obtain the DC.
and the death date is required to file an application to bring LRs on record.
and for stating that recently you came to know the death of the owner has already came in the report of the DASTI Summon sent to the party.
All i want to know Whether the application not mentioning the date of death of the owner of the company is maintainable in court or can be filed without date of death?
what other remedy s available in case date of death and place is not known of the company owner.?
Rajat sahotra
(Querist) 27 October 2011
By owner or landlord i here mean the MAnaging director, director and the General manager.
and its the owner of the company who was managing director has died and we don't know when and where.
ajay sethi
(Expert) 27 October 2011
if MD is dead a new MD or director can be appointed . company does not die .
Devajyoti Barman
(Expert) 27 October 2011
You need not either. The case will go on if the Company is made a party.
Rajat sahotra
(Querist) 27 October 2011
But the company is closed and some other company is running at their address who does not have directors or MD from that particular company
Rajat sahotra
(Querist) 27 October 2011
But Barman g,
i have to serve the ex parte injunction order on them a mandatory compliance ....
How do i do that?
prabhakar singh
(Expert) 27 October 2011
I do not share the view that in case of death of any director any substitution is required if the company has been sued.
A company is an artificial juristic personality created by law and never dies unless wound up by procedure established by law.However it can be acquired , amalgamated
and merged with some other company and this all information may be obtained from ROC.
You yourself is misleading experts by revealing facts in piecemeal which can never be beneficial to you but shall always
be detrimental to you. Rest is your business.
Raj Kumar Makkad
(Expert) 27 October 2011
Rajat! It is now your turn to reply. You claim yourself as tenant but even do not know the fact that MD of your landlord company has died and you even do not know prior to report on summon that your alleged landlord company is not working on the address you shown in your suit. What does it show?
You are either not a tenant paying rent or have misled the court by stating false facts and have thus obtained ex-parte stay order against a company which is non-existent at the address you shown in plaint.
If still you are truly tenant then amend the suit and insert the party against whom you have grouse. MD was never a party in person in your case rather he was representing the company so there is no legal impact of his death. If your cause of action is still against the same company, send the order at the proper address of that company without considering who died and who alive of that company.
One additional suggestion. Study the relationship of another company replacing old one and also implead this new one in the already pending case.
Shailesh Kumar Shah
(Expert) 27 October 2011
if you tell both compnay name and its directors, i would try to help you accordingly.
Rajat sahotra
(Querist) 28 October 2011
Rajkumar Sir,
We are definitely tenants as a allotment letter as tenant to us of the flat manufactured by said company has been issued by the said company as at that time we were their employee.
and these flats were mortgaged with the bank and prior to making us tenant. Allotment letter is filed with suit based on THE ADDRESS MENTIONED IN THE LETTER HEAD OF THE RENT ALLOTMENT LETTER we impleaded the said company as Defendant(Landlord).
If we have not impleaded that company and only the bank than its the non joinder of necessary parties.
We were having the knowledge that company has been closed or some other company is running at that address as we were not having any other address of the company or the official like MD Directors GM.
It as on the Dasti summon report it is revealed that the company is closed aND THE OWNER AS WELL AS THE MANAGING DIRECTOR OF THE COMPANY HAS DIED WITHOUT MENTIONING THE DATE AND THE PLACE WHERE HE DIED.
CAUSE OF ACTION IS AGAINST THE BANK AS THEY ISSUED THE EVICTION NOTICE AS WELL AS THE COMPANY BECAUSE WE WERE ALLOTED THE TENANCY OF THE FLAT BY THAT COMPANY ONLY WHEN WE WERE THEIR EMPLOYEE.
Rajat sahotra
(Querist) 28 October 2011
Shailaish ji,
the company address is M/s Himachal Aluminium Company Limited having its registered office and works at 6, Industrial Area, Sec-2 Parwanoo Tehsil Kasauli, Distt Solan Himachal Pradesh through its MAnaging Director Director and general manager.
Kindly help
AA RAMAKRISHNAN
(Expert) 03 November 2011
If the relief is granted against the company the change of the director or death does not make any difference. The enforcement of the order can be done. Now regarding the date of death you can file an affidavit showing his date of death and bring the LRs.
