Corporate insolvency resolution process amended with expanded disclosure, guarantor asset transfer rules, and new dissolution and restoration procedur...
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An executive director, being a member of the board and responsible for overall management, cannot evade liability merely by claiming lack of involvement in day-to-day affairs or receiving nominal salary. The court found a prima facie case against the petitioner, an executive director during the alleged offense period. Interfering at this stage would be an abuse of process. The trial court rightly applied the law in rejecting the discharge plea. With the trial underway and evidence being recorded, the HC declined to interfere in the ongoing proceedings against the executive director.
An executive director, being a member of the board and responsible for overall management, cannot evade liability merely by claiming lack of involvement in day-to-day affairs or receiving nominal salary. The court found a prima facie case against the petitioner, an executive director during the alleged offense period. Interfering at this stage would be an abuse of process. The trial court rightly applied the law in rejecting the discharge plea. With the trial underway and evidence being recorded, the HC declined to interfere in the ongoing proceedings against the executive director.
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