https://www.taxtmi.com/caselaws?id=109393 A dissolved company cannot sue in its own name because it has ceased to exist as a separate juristic person, and a shareholder has no independent right to prosecute the company's assets or validate the plaint by ratification. The court noted that a non-existent entity cannot authorise or cure a defective institution of proceedings, so the objection to maintainability succeeded. In discretionary ex parte proceedings, full and frank disclosure of all material facts is required; suppression of the company's dissolution and inconsistent affidavits amounted to material non-disclosure. An ex parte arrest order obtained without candid disclosure was therefore unsustainable, and the vessel arrest was vacated. en-us Tue, 09 Mar 2004 00:00:00 +0530 Mon, 09 Apr 2012 15:25:42 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=109393 A dissolved company cannot sue in its own name because it has ceased to exist as a separate juristic person, and a shareholder has no independent right to prosecute the company's assets or validate the plaint by ratification. The court noted that a non-existent entity cannot authorise or cure a defective institution of proceedings, so the objection to maintainability succeeded. In discretionary ex parte proceedings, full and frank disclosure of all material facts is required; suppression of the company's dissolution and inconsistent affidavits amounted to material non-disclosure. An ex parte arrest order obtained without candid disclosure was therefore unsustainable, and the vessel arrest was vacated. Case-Laws Companies Law Tue, 09 Mar 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=109393