Execution of money decree / warrant of attachment/arrest warrant against company registered under in
Uday Kumar
(Querist) 28 September 2014
This query is : Resolved
Hello Sir,
We obtained a Money Decree against a Pvt. Ltd. Company, in Execution, Notice was issued, But JD Company did not appear there after attachment of warrant served again JD Company did not appear and whiling moving the application against director of the JD Company for Arrest Warrant in Civil detention, Execution Court say There is no law to issue Arrest Warrant the Company and Director cannot be arrested on this Account. what should be done now?
Kindly advise best remedy available to us in this regards with a solid judgment on this point
With Regrrds
Uday Kumar
malipeddi jaggarao
(Expert) 30 September 2014
The Director's liability is limited to his share in the Company unless he gives personal guarantee. The Court has rightly upheld that the Director can not be arrested. The Company though it is private limited company is a separate legal entity. Only the assets of the company can be attached.
T. Kalaiselvan, Advocate
(Expert) 04 October 2014
Under such situations, the company's assets may be attached through the proposed EP.
