recovery and winding up petition
sudhir jain
(Querist) 25 March 2010
This query is : Resolved
i have send legal notice of recovery to a pvt ltd company based in bombay and one branch office in delhi.
legal notice has been received by bombay office.
i came to know that delhi office has been closed.
as i was planning to file recovery suit against the company but under apprehension that it will cost a lot and in case suit is decreed it has to be executed in bombay.
and in case i think for winding up, company might be registered in bombay, so the same would lie in bombay high court.
kindly advice shall go for recovery suit in delhi , while keeping in view that delhit office is still existing .
Guest
(Expert) 26 March 2010
Was there any agreement regarding the place of legal proceedings?
In the absence of such clause, you have got option to file the suit either at Bombay or at Delhi.
As the Delhi office has been closed, it is advisable to file the suit at Bombay so that that decree's EP petition can be executed easily.
