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Ravinder Kaushik (Proprietor)     06 December 2018

Directors of pvt ltd necessary to be impleaded?

Sir,

I have filed a consumer complaint against a builder in state consumer commission. i have impleaded two Opposite Parties

1. Company in its name with complete address: (Company is appearing)

2. MR. XYZ a fromer director (who made correspondence with me and as per mer he was MD of Company, he also appeared in commission, but made a statement that he has resigned from MD of company). 

now at the stage of Final Argument counsel of OP No. 2 (former MD) made an application to State commission to delete his name.

i have two questions:

1. is it possible to include the name of present MD/Directors of OP no.1 by way of some application (if yes, which provision). i am requesting my counsel to make some application but he is saying CPC is not applicable in consumer matters.

2. in absence of name of MD/Directors of OPs, executuion would not be possible (as my counsel is saying as per NCDRS in some latest judgment liablity ofcompany is only 500 Rs. and no more). if so please  

 

Please guide me Sir.

Ravinder Kaushik



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 1 Replies

Isaac Gabriel (Advocate)     25 August 2019

Mere resignation will not absove him of e liabilities. Since he has appeared, object for the deletion of his name and plead the commission to pass orders agaisnt both.


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