Legal Question in Civil Litigation in India

A company is pulling me into an Arbitration. The company itself is in the default list of companies, they have not filed AGM or Anual Ballance sheet etc. for few years. Can such a company even have any rights to go do any legal action like this. Can that be grounds to dismiss the Arbitrtion process.


Asked on 5/21/13, 7:09 am

3 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

21.05.2013

Dear Sir / Madam,

The Company pulling you into arbitration has nothing to do with the Company not filing their Annual Accounts, as these are two entirely separate issues and cannot be grounds for dismissing the arbitration process.

Regards,

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Answered on 5/21/13, 7:27 am
Vishwa Arya Arya & Co.

At the most it could be one of the objection as to the locus standi of the person claiming to be the authorised represented of the company

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Answered on 5/21/13, 3:30 pm
Jayesh Desai Jayesh Desai

Just because company is guilty of not filing its returns does not take away its rights, similar to a person who may have committed multiple crimes, that does not mean he can not have any defense for new criminal actions initiated against him, or it also does not take away his right to initiate criminal action against the same person or a third party.

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Answered on 5/22/13, 6:37 am


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