BHARTI KOTHARI
(Querist) 06 September 2020
This query is : Resolved
DEFENDANT HAS MADE PURCHASE FROM PARENT COMPANY AS WELL FROM SUBSIDARY COMPANY. NOW CAN SINGLE RECOVERY SUIT BE FILLED BY PARENT COMPANY FOR ITSELF AS WELL FOR SUBSIDARY COMPANY AGAINST DEFENDANT
As per me you have to file 2 different suits against defendant as plaintiff is different.
R.K Nanda
(Expert) 07 September 2020
File two separate suits against defendant.
Shilesh Patel
(Expert) 07 September 2020
agree with the above experts, two different suits will be filed.
Rajendra K Goyal
(Expert) 08 September 2020
Two suits need to be filed.
Hemant Agarwal
(Expert) 08 September 2020
1. Since PAN & GST & CIN number would be different and separate ITR maybe being filed by both legal entities, a common recovery suit for any civil /criminal action is not tenable. A common lawyer can represent both legal entities.
2. Presume that both legal entities operate under one PAN & GST & CIN number (which is not probable), THEN a common recovery suit for any civil purposes is tenable.
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