Section 633 relief is limited to Companies Act liabilities and cannot shield against Indian Penal Code criminal proceedings.

Section 633(2) of the Companies Act, 1956 is confined to relief against liabilities arising under that Act and cannot be extended to secure protection from criminal proceedings under the Indian Penal Code. The provision has a limited scope and cannot be used as a shield to avoid consequences flowing from non-filing of the statement of affairs where the liability sought to be avoided is under the IPC. On that basis, the request for protective and ancillary directions was rejected and the application failed.

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Issues: Whether relief under section 633(2) of the Companies Act, 1956 could be invoked to avoid consequences arising from non-filing of the statement of affairs and to secure protection against criminal proceedings under the Indian Penal Code.

Analysis: The application was framed under several provisions of the Companies Act, 1956, but the substantive attempt was to obtain protection from liability and consequential action by relying on section 633. The Court held that the provision has a limited scope and cannot be stretched to confer undue benefit. It further noted that section 633 cannot be resorted to for liabilities arising under the Indian Penal Code, and therefore cannot be used as a shield against criminal proceedings of that nature.

Conclusion: Relief under section 633(2) was not available for the reliefs sought, particularly in relation to criminal liability under the Indian Penal Code, and the application failed.

Final Conclusion: The request for protective and ancillary directions was rejected, leaving the applicants without the relief sought.

Ratio Decidendi: Section 633 of the Companies Act, 1956 is confined to liabilities arising under that Act and cannot be invoked to obtain exculpation from criminal liability under the Indian Penal Code.

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