Tue. Jan 19th, 2021

The Foundry Visionmongers Ltd. vs Satyanarayana Reddy S & Anr. on 3 September, 2015

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plaintiff-firm was at Rajkot. Ordinarily, the residence of a company would be
where registered office is [See Morgan Stanley Mutual Fund v. Kartick Das,
(1994)4SCC225].
49. The expression ‘carries on business’ and the expression ‘personally works
for gain’ connotes two different meanings. For the purpose of carrying on
business only presence of a man at a place is not necessary. Such business
may be carried at a place through an agent or a manager or through a servant.
The owner may not event visit that place. The phrase ‘carries on business” at
a certain place would, therefore, mean having an interest in a business at that
place, a voice in what is done, a share in the gain or loss and some control
there over. The expression is much wider than what the expression in normal
parlance connotes, because of the ambit of a civil action within the meaning
of section 9 of the Code. But it is necessary that the following three
conditions should be satisfied, namely:-

Source: Indian Kanoon

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