Recovery from directors for company dues to Electricity Supply Companies
Anil Kr Garg
(Querist) 20 April 2011
This query is : Open
Pubic Sector Electricity supply company has a claim from a company in MP for minimum charges for over a year which are disputed by the company due to rejection of relief under force majeure clause.
The company is now left with no assets as factory has been transferred and under Power supply code, SupplyCom is barred from demanding these dues from new owner who leased land from govt specifically.
Now, SupplyCom is also armed with powers of Tehsildar under Land Revenue Code 1959 (Madhya pradesh) who has given notice u/s 146 to two directors personally for recovery.
I believe that company dues cannot be recovered from directors personally unless there is a specific law to that effect (because company is a separate entity from directors and this does not change even if demand is from a government company).
Kindly advise if the Tehsildar could really proceed against the directors or their private property?
Situation is in Madhya Pradesh
