Order passed on directors and implication on company
Atul Jain
(Querist) 14 April 2012
This query is : Resolved
A residential property is owned and registered in the name of a private limited company . A temporary injunction order ( sought by the neighbhour ) has been passed by a lower court against its three directors to maintain status quo and not do any construction on a common wall .Nowhere in the order the judge has mentioned name of the company .
Does the order apply and have any binding on the company .Can the company consider itself immune from the order and go ahead with some construction ?
V R SHROFF
(Expert) 14 April 2012
Director of Company are ordered. It means the Co. is aware of the order. Petition must have Survey No. Hissa No., and identified property, to maintain status quo
ajay sethi
(Expert) 14 April 2012
in said suit company must be aparty . the company is proper and necessary party to the suit since property is owned by company . since court has directed maintanace of staus quo company cnanot go ahead with construction .
M/s. Y-not legal services
(Expert) 14 April 2012
if you have any problem by that impugned order mean just go for a civil revision petition before your high court and challenge it..
-tom-
prabhakar singh
(Expert) 15 April 2012
Does the order apply and have any binding on the company .Can the company consider itself immune from the order and go ahead with some construction ?
Yes! A company ,though recognized as artificial judicial person,but can act only through human guardians who are directors when restrained,they shall be punished if any flouting is done.
Raj Kumar Makkad
(Expert) 15 April 2012
Nothing seems to be added in the wise reply of the experts covering all aspects of the query.
