Litigation Against Company

Litigation Against Company

In the era of Liberalisation, and rapid industrial growth in diversified sectors, from manufacturing product to services, huge sums of money and high states are involved. Because of this complexities have increased manifold, with an end result being litigation against company, i.e. taking resort of court to solve the disputes with company.

When the company is registered under the companies Act' , 1956, it acquires a separate and legal status for itself. It is different from it's members. A registered company can sue and is sued in it's name , under which it carries it's business.

Various Courts / Forums Where The Litigation Against Company May Be Initiated

Litigation against a company may be initiated before any of the following courts / form depending on the nature of disputes, and identity of the person initiating action.

1. Company Law Board(C.L.B)

   Members of the company may initiate complaints against any office of the company, for contravening any of the provisions of companies Act. All such actions, lie before company law board.

   Procedure

   When the company is registered under the companies Act' , 1956, it acquires a separate and legal status for itself. It is different from it's members. A registered

   • Any party willing to file a complaint before company Law Board, shall file five (5) copies of complaint, alongwith relevant documents, in form no 1 , except in reference made by R.O.C.
   • No court fees is required

   Appeal

   Any party, aggrieved by the order of company Law Board, may file an appeal before the high court.

2. Board For industrial And Financial Reconstruction

   Where a company is unable to meet it's financial obligations, it may prefer it, to be declared as a " sick company". For such declaration, it may apply to BIFR. The bond, may also declare the company to be sick on a reference made by :

   1. Central or State Government,
   2. Reserve Bank of India,
   3. Public Financial Institution,
   4. State Level Institution or
   5. Scheduled Bank

   Procedure

   1. All application, reference and documents should be in Hindi or English. ( Regulation b)
   2. Reference by an Industrial company itself, except government company, for declaration as "sick company", shall be made in form "A", and for a Government company in form "AA". (Regulation 19)
   3. Any reference by others, except company itself, shall be made inform "B" except government company, and reference for a government company, shall be made in form "BB".
   4. Any such reference made, shall be filed with six (6) copies, alongwith true copy of documents, and authorised by competent person.
   5. No court fees is required.

   Appeal

   Any person aggrieved by on order of B.I.F.R. may file on appeal before APPELLATE AUTHORITY FOR INDUSTRIAL AND FINANCIAL RECONSTRUCTION ( A.A.I.F.R.) within 45 days from the date of issue of order. This period may be extended upto 60 days, in case of ground for delay shown. [ sec. 25 of SICA]

3. Civil And Criminal Court

   A creditor of a company may also file a suit for recovery of his dues, from the company, in the civil or criminal court. Criminal court can only impose punishment on the defaulting officer.

4. Monopolies And Restrictive Trade Practices Commission(MRTPC)

   A consumer, dealer, agent or any other associate having business transaction may take action against a company, by filing a complaint for any unfair or Restrictive Trade Practices.

   The commission may also intiate complaint against a company, for Monopolistic Trade Practices.

   Procedure

   1. The complainant , shall file 2 copies plus , one copy each for respondent/s [ opposite party], alongwith relevant documents and list of witness, if any.
   2. No court fee is required.

   Appeal

   Any person aggrieved by the order of commission, may file on appeal within 60 days, of the order. ( sec 55)

5. Consumer Forum

   Consumer forums are meant only for protection of consumers. Thus, only a consumer can file a complaint before consumer forums, against a company for defect or deficiency in goods or services sold.

   District Forum

   • The complainant shall file three (3) copies of complaint, plus one copy each for every opposite party.
   • No court fees is required.

   Appeal

   Appeal lies before State Commission, within thirty (30) days, from the date of order.

   State Commission

   The procedure is same, as that of district forum.

   Appeal

   The appeal lies before Notation Commission, within 30 days of order.

   National Commission

   • The complainant, shall file copies of complaint/appeal, alongwith relevant documents, plus one copy each for every opposite party.
   • Appeal lies before Supreme Court, within thirty (30) days of order.

Who Can Initiate Litigation Against Company ?.