Can attachment be done of subsidiaries of J.D. under sec 25 of CPC
Situation : I got refund orders against builder in state commission. Filed execution under sec25. Judge ordered attachment of money to be received by builder , JD and subsidiaries from Huda . The builder moved to NCDRC to get stay and vacate the order. They claim the execution was in name of builder and not its subsidiaries , so money which subsidiaries have to receive from huda can’t be attached .
Kindly advise what state commission judge has ordered , is it correct?
If yes then Any judgments we can show in NCDRC where subsidiaries property is attached irrespective being party to execution or not.
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Bangalore , Bangalore
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1. Irrespective of exedution petition in the name off builder, the subsidiaries are also liable. There is no direct ruling.
2. As of settled law the acts of subisidiaries are binding upon the registered office ndce versa.
3. The resistance made by the subidiaries is not maintenable. The Judge has correctly ordered and it will definately upheld by the NCDRC
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