Section 633(2) relief is limited to apprehended proceedings; once a complaint is filed, the proper forum is the trial court.

Section 633(2) of the Companies Act applies only where an officer has reason to apprehend that proceedings may be brought against him; once a complaint is filed and process is issued, proceedings have commenced and the High Court's jurisdiction under that provision is no longer available. Relief at that stage, if any, must be sought before the court seized of the complaint under Section 633(1), on proof of honesty, reasonableness and fair excusability. A plea that the complaint was time-barred did not change the position because the petition was moved after commencement of proceedings. The decision therefore states that Section 633(2) is confined to apprehended proceedings, not pending criminal complaints.

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Issues: Whether a petition under Section 633(2) of the Companies Act was maintainable after a complaint had already been filed and process issued in respect of the alleged default under Section 113 of the Companies Act.

Analysis: Section 633(1) empowers the court before which proceedings are pending to relieve an officer from liability if the statutory requirements of honesty, reasonableness and fair excusability are satisfied. Section 633(2) is available only when an officer has reason to apprehend that proceedings will or might be brought against him. Once a complaint has been filed and proceedings have in fact commenced, the High Court's jurisdiction under Section 633(2) is no longer available, and the officer must seek relief before the court seized of the matter. The plea that the complaint was time-barred did not alter this position, because the petition itself was filed after commencement of proceedings and the pending complaint and issued process constituted proceedings for this purpose.

Conclusion: The petition under Section 633(2) was not maintainable after commencement of the criminal proceedings and was rightly rejected.

Final Conclusion: Relief under Section 633(2) is confined to cases of apprehended proceedings, and once proceedings have commenced the proper forum for seeking excusal is the court in which the matter is pending.

Ratio Decidendi: The High Court's power under Section 633(2) can be invoked only before proceedings are initiated; after commencement of proceedings, relief, if any, must be sought under Section 633(1) before the court seized of the complaint.

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