Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anil Kr Garg (Business)     07 May 2018

Is it necessary for a company to sue others in its own name

I shall be grateful if learned members could kindly advise me whether there is any legal requirement for a company to sue others in its own name only. Of course, it is general understanding and common sense, but it there any law or case law to say that? Sec 9 of Companies Act implies this but does not mandate it. Sec 69 of Partnership Act also implies the same (by stipulating that an unregistered firm cannot sue others for enforcement of its contractual rights) because if a partner cannot sue in his own name for his firm, how would a director sue in his own name?

Thanking you,



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     07 May 2018

company name is different and seperate identity in the eyes of law.so company name is different and its directors are diferent.

manoj   08 May 2018

Mr. law is changed. unregistered firm can file suit against third parties. when it is arising out of a contract, though it is unregistered suit is maintainable against third parties. I will provide case law.
V E Manoj Kumar
Advocate
8686159292

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register