Closing / Change of company name after making fraud
Sub: Fraud, Cheating, Misleading, Threatening, Absconding against Ms/. Maestro Infrastructures Limited, B-6, Somdutt Chamber-I, Bhikaji Cama Place, New Delhi.
I am fighting my case in the Consumer Court for the last more than 5 years. The case is decided ex-parte in my favour and the Court has issued orders. The copy of the order is delivered to them but the summons served to them have been returned with the remarks "no office exist at the given address".
I personally visited their same old office of M/s. Maestro Infrastructures Limited at B-6, Somdutt Chamber-I, Bhikaji Cama Place and found that the premises is locked and a new sign board is placed in the name of Regd. Office: M/s. Habitech Infra Ventures Pvt. Ltd.
After interrogation from the neighborhood I came to know that this office remains closed during day time and is being opened occasionally in the evening only. Further I came to know that they have taken another office in the adjacent building in the name and address:
M/s. HABITECH INFRA VENTURES PVT. LTD.
Corp. Office: B-1, Mohta Building, 4, Bhikaji Cama Place, New Delhi 110066.
There I met one of the Directors, Mr. Vijay Chowdhury (Visiting Card attached), who earlier advised me to go to the Court for my grievances, as I was building up pressure on them to pay me the money. I was surprised to see their fully furnished office with 10-12 staff which is ten time bigger than their old office.
Further I came to know that their other partners Mr. R. D. Mathakar, MD of the company, is running his office in Chandigarh and Mr. Surender Sharma somewhere in Chhattarpur.
As I could not locate the office/residential address of the other three partners, I am giving here under the name and mobile contact nos. for needful please.
May I know, can a company's directors be spared by changing the name of their earlier company and do the business in different name without settling their earlier liabilities?
Also please let me know how do I get my money back from these fraudulent?
As I am a senior citizen of 63 years, retired from a government office, I would be obliged by your sincere advice.
Please do not hesitate to contact me for any further information you may require in this regard.
Asked 2 years ago in Business Law from Noida, Uttar Pradesh
your complaint is against the company not its directors . exparte order is against the company not its directors . you cannot seek to make directors personally liable . you should make inquires with registrar of companies . if name of old company has changed it would continue to be liable for its past actions .
No right of personal action accrues to you against the directors of the company. So they cannot be made liable. It is not possible to say anything without perusing all the case related documents. You should consult with your lawyer as to the further legal recourse to be chalked out.
If you already have the final order, you can proceed with execution, in case the company fails to pay in execution and yes the directors are liable for the acts of the company. If the earlier company has been renamed to new company (which can be checked with MCA21) the liability persists.
Please contact on 9873109672 for assistance.
Advocate, New Delhi