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october 2008

Supreme Court of India · 2008-10-01

Regional Provident Fund Commnr. & Ors vs Abs Spinning Orissa Ltd. & Anr

Citation / case number
AIRONLINE 2008 SC 311
Court
Supreme Court of India
Petitioner
Regional Provident Fund Commnr. & Ors
Respondent
Abs Spinning Orissa Ltd. & Anr
Bench
Aftab Alam, Tarun Chatterjee

Judgment text excerpt

The Supreme Court upheld the High Court's decision that a holding company cannot be held liable for the provident fund dues of its subsidiary company, affirming the principle of separate legal personality. The Court clarified that the independent existence of a subsidiary company precludes automatic liability for the debts of the subsidiary by the holding company. Consequently, the appeal was dismissed, allowing the appellants to pursue recovery against the subsidiary company as per law.

Regional Provident Fund Commnr. & Ors vs Abs Spinning Orissa Ltd. & Anr · Niyam