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    <title>2012 (4) TMI 459 - KARNATAKA HIGH COURT</title>
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    <description>Misfeasance liability could not be imposed on a director where the alleged loss related to company assets already taken into possession and sold by a secured creditor. The record showed that the first respondent had filed the statement of affairs and that the Section 454 proceedings were closed after defects were rectified, so non-accounting of assets was not established as continuing misconduct. The value of the plant and machinery sold by KSFC could not be recovered from the directors, and any dispute over the sale or valuation lay between the Official Liquidator and KSFC. Specific proved misconduct attributable to the director was required, and it was not shown.</description>
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      <link>https://www.taxtmi.com/caselaws?id=212895</link>
      <description>Misfeasance liability could not be imposed on a director where the alleged loss related to company assets already taken into possession and sold by a secured creditor. The record showed that the first respondent had filed the statement of affairs and that the Section 454 proceedings were closed after defects were rectified, so non-accounting of assets was not established as continuing misconduct. The value of the plant and machinery sold by KSFC could not be recovered from the directors, and any dispute over the sale or valuation lay between the Official Liquidator and KSFC. Specific proved misconduct attributable to the director was required, and it was not shown.</description>
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