Company perpetrating fraud on creditors

Querist : Anonymous (Querist) 22 November 2020 This query is : Resolved
I have a decree debt against a company through arbitration award. The debtor company has filed petition under section 34 to set aside the award.The case is still pending after 5 years. Meanwhile Directors are transferring its profitable business to sister companies,which they control, and conduct the original business through these sister companies. The debtor company has almost closed down with hardly any assets left. Intention is not to pay up my debt,it seems. Proof for these fraudulent acts of the company are available through the company's public documents like B/Sheet.

Frauds like the above are described as "phoenixing" and mentioned in Para 33 of the ‘Offences & Penalties’ section of MCA website

What should I do while the section 34 appeal is pending ?

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Quick Summary

A company is suspected of 'phoenixing' – transferring profitable assets to sister companies to avoid paying a decree debt, leaving the original company with few assets. The creditor has an arbitration award but the company's appeal is pending. The advice suggests taking immediate legal action to freeze bank accounts and attach company and director assets through an execution petition while the appeal is ongoing.

Isaac Gabriel (Expert) 22 November 2020
Freez tha bank account through court by filinng an application through lawyer in the ongoing Appeal.

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Advocate Bhartesh goyal (Expert) 23 November 2020
You have to execute the Award passed by Arbitrator by filling execution petition u/order 21 cpc and obtain the order from court for attachment of properties of company and it's director's.

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Rajendra K Goyal (Expert) 23 November 2020
Approach court to freeze their Bank accounts and transfer of assets.

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