Opinion on corporate office function
L N Das
(Querist) 24 October 2012
This query is : Resolved
A is a joint venture company with X (OEM) established during 1994 in the premises of X on lease to supply material to X on JIT basis. Y is a group company established in India later during 2005. A falls under this group company of Y but is totally having separate entity. Y is having group company but it has also separate entity and not a JV with X (OEM). The corporate office of Y is functioning in the building of A although X (OEM) has not allowed Y to function their office.
Want expert opinion as to whether Y (group company) can operate their corporate office without getting any permission from X or not. If yes whether it is legal then there must be a section under Companies Act, 1956 of Ministry of Corporate Affairs.
Please let me know.
Devajyoti Barman
(Expert) 24 October 2012
Without perusing the MOA of the respective companies it is difficult to answer.
The Ministry of Corporate Affairs has no adjudicating authority.
If any company is aggrieved it can move to the Company Law Board.
