Mah.co-op act 1961
Querist :
Anonymous
(Querist) 20 April 2010
This query is : Resolved
If the society files civil suit in the year 2005 for recovery of money against the directors which are jointly and severally liable for the dues.?
After sometimes society gone to liquidation and liquidator appointed in said society in the present civil suit in the place of plaintiff society the liquidator appear.?
Mean while time the liquidator send the demand notice u/s 105 of M.C.S act.?
The proceeding of recovery by liquidator stayed by the Civil court in the year 2008
In the year 2010 the Liquidator files application u/ o-23 r-1 of c.p.c for withdrawal of civil suit and court granted this application and suit is withdrawal. And liquidator send a notice u/s 107 for recovery of dues.?
In this present situation what is the remedy to the director which are not duly and severally liable for debts? Can liquidator restricted against the recovery plz give me ur valuable guideline in the present case. THANKING YOU.
Raj Kumar Makkad
(Expert) 20 April 2010
As no finding has been given and the case has been withdrawn prematurely so liquidator can re-issue his notices.
