Director from uk
CreateGoodwill
(Querist) 04 February 2013
This query is : Resolved
We have supplied material the directors of the company are UK based.. they owe our monies for Rs.25L what action we can take to bring back to India, the Company they have already sold to others.... the new Directors are not responding to us.
can we inform UK emassy. or Stop his passport etc... how to do the same.
Adv.R.P.Chugh
(Expert) 04 February 2013
If they were liable for accounting for/or paying the consideration in India, or any other part of cause of action accrued in India, this is an offence in India and coercive criminal process can be initiated against them. However for that it has to be more than a mere breach of contract, in order to prove cheating you'd have to prove dishonest/fradulent intention at the time of contract itself. This is the only way you can make the ex-directors personally liable.
Other than that your remedy under civil law for recovery is always there, in that you'd have to file it against the company for the material was supplied to the company as an independant entity.
Devajyoti Barman
(Expert) 05 February 2013
Is there any arbitration clause.
If yes then enforce it.
If the cause of action arises i India you can bring both civil and criminal actions against them.
R.K Nanda 
(Expert) 05 February 2013
agree with Barman.
Raj Kumar Makkad
(Expert) 06 February 2013
It shall be better for you to go through the agreement executed between you and that company which put the order. The clauses of the agreement shall be only guiding force for you.
CreateGoodwill
(Querist) 07 February 2013
Dear Mr. Makkad,
there is no agreement with the dealer
we had rec the Purchase order and material was delivered
ajay sethi
(Expert) 07 February 2013
file summary suit against the company . if directors have sold the company the new company must have agreed to take over its liabilites
CreateGoodwill
(Querist) 11 February 2013
what is mean by coercive criminal process
R.K Nanda
(Expert) 11 February 2013
forceful process.
