Regarding a pvt ltd company summoned by trial court
Navi
(Querist) 25 April 2014
This query is : Resolved
FIR had been registered under offences 420,380,465,467,468,471,120B IPC against 8 accused including managers & Directors of Pvt.Ltd company. Trial proceeding are in progress, meanwhile complainant filed application in same court under 190 Crpc to summon Pvt.Ltd. company and one more Director of company in court.
But Court has ordered only Pvt Ltd. Company to be summoned, Now
a) Who is suppose to be summoned on behalf of company?
b) Do all directors need to be summoned or only one, as there is no managing director all are just directors
c) 2 Directors are already accused, so can they represent Pvt.Ltd company as well
d) Can we get summons issued through 3rd Director?
e) what is the procedure? Director would have to come and take bail?
f) Anywhere we could report against the company like registrar of companies, india so that they should not sell the company
R.V.RAO
(Expert) 26 April 2014
if the company in any of its board of director's meeting/ meeting of committee of board of directors, already resolved to authorise any particular director or company secretary(who is the compliance officer and or any key managerial personnel (kmp) as per new co's act 2013) in this regard,they can receive summons/appear on behalf of the company /represent the co. in any legal matter,appear in response to summons/apply or take bail for and on behalf of other directors or kmp /make submissions written or oral which are binding on the co.
but while drafting any legal replies/statements or submissions etc.. ,do consult a corporate lawyer.
if your articles of association has anything particular relating to legal issues or if the co. laid down any corporate legal policy,comply the same.
your fears of outsiders /somebody unrelated to the company selling/taking over the company itself is unfounded because, in pvt.ltd.co. set up,majority share holding is usually with with promoters/promoter directors/relatives etc..who have a permanent interest in the company's survival.
but if shares are pledged with banks/FIs etc. to secure co. debts , ensure that they don't offload same for any reason.
Advocate. Arunagiri
(Expert) 26 April 2014
You have stated FIR is registered. Trial proceedings are going on.
How the complainant filed a petition u/s 190 cr.p.c.?
Dr J C Vashista
(Expert) 27 April 2014
I agree with the experts advise.
Mr. Arunagiri has correctly observed and I appreciate his analytical skill and expertise, inter alia that when trail proceedings have commenced (in progress) application u/s 190 is not maintainable.
Advocate. Arunagiri
(Expert) 27 April 2014
Dear Dr.J.C.Vashista,
Thank you for your compliments.
There is a saying "getting Brammarishi Title from Rishi Vashistar".
I am happy to receive appreciation from a senior person like you sir.
Biswanath Roy
(Expert) 27 April 2014
Good question raised by the Learned Mr. Arunagiri. But I need mention here that criminal liability is an individual liability as such a Private Limited company cannot be summoned as an alleged offender.
T. Kalaiselvan, Advocate
(Expert) 28 April 2014
As learned expert Mr. Arunagiri and Senior learned expert Mr. Biswanath Roy observed, the question raised by both are to be answered. When the trial in a proceeding is in progress, an application u/s 190 Cr.P.C. may not be sustainable, further a company cannot be summoned, instead its director or any representative might be required to appear on behalf of the company, author needs to clarify for further opinion.
