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Can I take action against Directors of a Company in personal capacity
18-Dec-2023 (In Consumer Court Law)
I have entered into contract with a Builder/Promoter which is a Private Limited Company for Construction & Purchase of Flat. The full consideration has been paid and Sale Deed executed in my favour. The project is completed but the Builder is unable to deliver the flat as there is violation in sanctioned plan and there is a demolition notice. I understand that my legal rights are against the Private Limited Company and not against the Directors. The Directors have to take full responsibility for the violation. Can I sue against the Company and also Directors in personal capacity.
However, you can implead the Directors of the company as necessary party to the suit because it is the directors who organise and lead the company by their decisions resolved through board meetings.
The directors may be listed as 2nd respondents and so on in the proposed suit against the company.
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Adv. T Kalaiselvan
Vellore | 400+ Answers
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Adv. B N Rajamohamed
Madurai | 25+ Answers
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