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Tom   30 November 2024

Company fraud on creditors

I hold decree debt against a company through arbitration award. The debtor company has filed petition under section 34 to set aside the award.The case went on for 9 years and finally dismissed & decided in my favour now. 
While the section 34 case was going on, the Directors have transferred some of its business assets to new companies formed by them and earning huge revenue. They have abandoned the JD company which has almost closed down with no assets left. The Directors are serial fraudsters, it seems and their Intention was not to pay up my award debt ! Proof for the fraudulent acts of the company are available to me  through the company's public documents like B/Sheet. Frauds like the above are described as "phoenixing" and mentioned in Para 33 of the ‘Offences & Penalties’ section of MCA website.

What should I do for successful EP against this company with no assets at all !




Learning

 8 Replies

T. Kalaiselvan, Advocate (Advocate)     30 November 2024

Since the directors were also in the company at the time of institution of the case and as the company's properties were sold during pendency of the case,  they may be implicated in the EP and their properties may be attached.

Your advocate may be consulted on this for all further issues. 

1 Like

Tom   01 December 2024

dear Adv Saar, do I have to find a lawyer who is specialised on company matters, because the perpetrators here have built an intricate web of transactions, to cheat the creditors, thks !

T. Kalaiselvan, Advocate (Advocate)     02 December 2024

You can very well look for a lawyer experienced in company law matters either from this website or outside and engage the services on the terms of the chosen lawyer

1 Like

Tom   02 December 2024

Thks Adv Selvan 🙏

T. Kalaiselvan, Advocate (Advocate)     02 December 2024

You are welcome Mr. Tom.

Anshu Sharma (LAWFINITY SOLUTI   03 December 2024

I understand you require a company law expert, especially given the complexity of this case involving fraudulent asset transfers. I have a team of experienced lawyers who can provide a free consultation and discuss your options for enforcing the award and pursuing action against the Directors. Please feel free to reach out if you need support on this matter.

1 Like

Tom   03 December 2024

Pls do send me your email/phone number for communication !

Anshu Sharma (LAWFINITY SOLUTI   04 December 2024

Hi Tom, 

Please feel free to reach out to me at anshu@lawfinitysolutions.com 


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