Arrest of managing director

kalpana (Querist) 04 September 2013 This query is : Resolved
I filed a suit against a private limited company. The said suit was decreed I our favor.subsequently execution petition was filed. In the said execution petition we have asked for arrest of the managing director. My query is can he be arrested are there any case laws in this regard.

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ajay sethi (Expert) 04 September 2013
you ought to have sought attachment of property of the company . find out property standing in name of company . or its bank accounts .

how can you arrest MD?

Nadeem Qureshi (Expert) 04 September 2013
first the court issue warrant for attachment the property if the property or bank amount is not there then you can approach to court to issue warrant of arrest against Directors as per CPC
feel free to call

Rajendra K Goyal (Expert) 04 September 2013
If the property is not available to meet your decreed amount and is not paid by the company, winding up proceedings can be started.

Guest (Expert) 04 September 2013
In civil suit, demand for arrest of any person is irrelevant. As advised by Shri Ajay Sethi, you could well have pursued for attachment of the assets of the company.

kalpana (Querist) 05 September 2013
Thank you but my query was whether a managing director can be arrested under order 21 rule37 cpc

Raj Kumar Makkad (Expert) 05 September 2013
Yes. He can definitely be arrested if facts fit in his case.

kalpana (Querist) 07 September 2013
Any judgments in this regard

V R SHROFF (Expert) 07 September 2013
Advocate Kalpana,

If he do not appear before the Hon'ble Court, and likely to abscond, u may file the Affidavit with prayer to issue Warrant for arrest, detain in prison.

Rajendra K Goyal (Expert) 07 September 2013
MD can also be arrested if facts so warrant. For decision search web.

kalpana (Querist) 08 September 2013
I have searched the web but there are no direct judgments

Guest (Expert) 08 September 2013
Merit of the case, itself, matters much rather than judgment in other cases.

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