Civil Arrest
B S SATYANAND
(Querist) 08 January 2011
This query is : Resolved
My Query is: IN RESPECT OF A DECREE PASSED AGAINST A COMPANY FOR CERTAIN DEBTS DUE BY THE COMPANY, WHETHER A CIVIL ARREST OF THE MANAGING DIRECTOR OF SUCH A COMPANY CAN BE MADE?
HON'BLE SUPREME COURT HAS GIVEN ME LIBERTY TO PROCEED AGAINST THE ASSETS OF THE COMPANY, BUT THE OMPANY HAS BECOME DEFUNCT & HAS NO ASSETS OF ITS OWN FOR SEEKING ATTACHMENT. THE MANAGING DIRECTOR OF THE JDR COMPANY HAS FILED AN AFFIDAVIT TO THE EFFECT THAT THE COMPANY HAS BECOME DEFUNCT & THAT THERE ARE NO ASSETS AT ALL. NOW CAN I SEEK FOR ARREST OF THE SAID MANAGING DIRECTOR OF THE JDR COMPANY
Kindly advise. If so or If not so - Provide authorities / CITATIONS.
Kirti Kar Tripathi
(Expert) 08 January 2011
yes, he can be arrested being person responsible to execute decree on behalf of company.
Amit Minocha
(Expert) 08 January 2011
it might not be just possible. If possible go for attachment of assets/accounts and also windup petition against the Co.
Uma parameswaran
(Expert) 08 January 2011
It shall be depends upon the liability.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 08 January 2011
And unless the personal guarntee of the directors is in the decree no action possible on them.
On this count alone you can take objection on execution of decree against directors.
Arun Kumar Bhagat
(Expert) 08 January 2011
No, the managing director can not be arrested.
MUKUL SHARMA
(Expert) 09 January 2011
agree with Shashikumar.
R.venkatesh Naidu
(Expert) 09 January 2011
certainly, under code of civil procedure code section 16 and 55 clause 1 with order 38 rule 1 to 4 the managing director may be arrest under civil arrest for failing the execution.
