Ex- parte decree
MANOJ HARIT
(Querist) 28 March 2012
This query is : Resolved
A Decree has been passed ex-parte against one pvt ltd co & one Partnership firm and 3 persons. Amongst then two r directors of Pvt Ltd Co & the third is neither a Partner nor a Director, in another State, in 2009. Now the Decree has come to local court for execution. What steps should be taken by the judgement debtors? Kindly guide.
Adv.R.P.Chugh
(Expert) 28 March 2012
Dear Querist
Normally in execution - it's the prerogative of the Decree Holder to move against the property or against the person of the JD (arrest and detention) However since the decree is against the company as such - the liability of directors is not personal but limited by the articles of association.
As regards the partners of the firm - since the partnership firm is no legal entity - it is the partners who are liable personally as well as the partnership property.
V R SHROFF
(Expert) 29 March 2012
File RD for Execution of Decree against JD, where they have Property.
