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        Companies Law

        2004 (8) TMI 401 - HC - Companies Law

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        Section 22 protection under SICA does not extend to directors' personal liability on a pronote, sustaining attachment before judgment. Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 does not protect liabilities incurred by directors in their personal capacity, ...
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Section 22 protection under SICA does not extend to directors' personal liability on a pronote, sustaining attachment before judgment.

                                Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 does not protect liabilities incurred by directors in their personal capacity, even if the same transaction also binds the sick company. Where the pronote recitals show joint and several responsibility and borrowing for individual benefit as well as on behalf of the company, the statutory bar is unavailable. On that basis, the attachment before judgment was treated as legally justified and the challenge failed.




                                Issues: Whether the petitioners could claim the protection of section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985, against proceedings arising from a pronote executed by them, and whether the order directing attachment before judgment called for interference.

                                Analysis: The pronote recitals showed that the petitioners, who were directors of the sick company, had borrowed the amount not merely for and on behalf of the company but also in their individual capacity, with personal liability and joint and several responsibility. Protection under section 22 is intended to safeguard a sick industrial company and does not extend to amounts borrowed by individuals for their own benefit, even if the company is also bound by the transaction. On that footing, the trial court's conclusion that the statutory bar was unavailable was found to be legally sound, and no infirmity was shown in the order directing attachment before judgment.

                                Conclusion: Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 was held inapplicable, and the revision failed.

                                Final Conclusion: The order of attachment before judgment was sustained and the civil revision petition was dismissed.

                                Ratio Decidendi: Protection under section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 is unavailable where the liability is incurred by individuals in their personal capacity and not solely on behalf of the sick industrial company.


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