WHOM TO APPROACH!!!!!!!!!!

Querist : Anonymous (Querist) 14 September 2010 This query is : Resolved
Dear All,

I would like to know if in a pending winding up petition the ex directors of a company wishes to move a pleading for getting expunged their names do they have to file a declaratory suit or they have to be a party by filing Order 1 Rule 10 application in the proceeding.

Kindly guide

Best Regards

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Devajyoti Barman (Expert) 14 September 2010
No separate suit is required. But if his name is their then why he would be required to be added as a party. He after his retirement can take any plea he wants. However the acts allegedly done by the same Director at the time of his employment may be sufficient for not getting him absolved from his liability.

R.Ranganathan (Expert) 14 September 2010
You say pending winding up Petition. No need to file any separate petition. In the counter/reply affidavit itself the ex directors can state everything. I agree with Mr. Barman that for the actions relating to the period when the ex directors were in office then they will be held liable for those acts.

s.subramanian (Expert) 14 September 2010
Yes. I concur.

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