cases should be filed only where the registered office of the company is situate.
As far as India is concerned, the residence of the company is where the registered office is located. Normally, cases should be filed only where the registered office of the company is situate. Courts outside the place where the registered office is located, if approached, must have regard to the following. Invariably, suits are filed seeking to injured either the allotment of shares or the meetings of the Board of Directors or again the meeting of general body. The Court is approached at the last minute. Could injunction be granted even without notice to the respondent which will cause immense hardship and administrative inconvenience. It may be sometimes difficult even to undo the damage by such an interim order. Therefore, the court must ensure that theplaintiff comes to court well in time so that notice may be served on the defendant and he may have his say before any interim order is passed.
Supreme Court of India
Morgan Stanley Mutual Fund vs Kartick Das on 20 May, 1994
Equivalent citations: 1994 SCC (4) 225, JT 1994 (3) 654
