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Civil/Commercial Litigation (Lawsuits)/Liability between Parent Company and WOS

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Question
I have the following quandry :-A foreign company(A) has a Wholly owned subsiadry in India(B). A sells software online displayed in UK. B induces indian buyers to buy this software from the online app run by A. Now two indian companies C and D places orders for licenses worth 10 grand and 30 grand respectively on the same day. C's chairman has a brother working in B. This brother in B interchanges the order i.e C gets the item worth 30 grand for the 10 grand he paid, the opposite happened to D. Now D is suing A AND B for compensation by filing a suit in New Delhi. How should he proceed so that B and A both are liable ?

Answer
Hello Sriram,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes. Before you take any action, consult with your own attorney.

I do not practice in your area and suggest that you immediately get an attorney licensed locally to give you advice.

Very generally, to proceed to hold multiple entities liable in a suit, one would name them both as Defendants.  In the Complaint, the Plaintiff can plead facts and law that demonstrate liability by each Defendant for relevant cause(s) of action, such as Breach of Contract or Negligence, etc.  During the case, if the Plaintiff can convince the judge or jury that the facts support liability, a judgment would issue against the Defendants.

I hope this helps, good luck to you and your family.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
http://smith-and-raver-llp.biz
Conciliation Court * Civil Litigation * Forfeitures * Construction * Family Law

Civil/Commercial Litigation (Lawsuits)

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Morgan Smith

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Civil litigation (contract claims, landlord-tenant actions, forfeiture suits, residential construction defect matters), Family law (divorce, custody modifications, child support modifications, and pre-nuptial agreement), new business start-ups, civil forfeiture, asset forfeiture. Please do not submit your question as Private. It is my policy not to answer Private questions from members of the public here on AllExperts; I reserve that function to my private clients. Although AllExperts permits me to change your questions from Private to Public, it is my policy not to do that. I encourage you to resubmit your question as a public question. Your public question has the potential to help others with similar concerns. I suggest that you use a pretend name and otherwise alter sensitive facts that make you inclined to treat your question as Private, and submit your question to me Publicly.

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I've been practicing law in the State of Minnesota since 1995. I've worked in skyscraper firms, and now my own small firm in Minneapolis. Past answers from my earlier participation on AllExperts is posted at: http://en.allexperts.com/q/Civil-Commercial-Litigation-911/indexExp_80217.htm

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AllExperts, Yahoo Answers, http://smith-and-raver-llp.biz/News.html

Education/Credentials
J.D. William Mitchell College of Law, St Paul, MN

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