1996 (7) TMI 495

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....y the impugned order, the trial court has decided a preliminary issue as to whether the petitioner and respondents Nos. 3 to 5 have been wrongly joined as party defendants in the case. The issue has been decided in favour of the plaintiffs. Respondent No. 1 as also respondent No. 2 are private limited companies. The petitioner and respondents Nos. 3 to 5 are the directors of respondent No. 2-co....

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....ntion towards section 45 of the Companies Act, 1956, which provides that when a private company carries on business for more than six complete months with members below two in number, the directors of the company shall be severally liable for the payment of the debt of the company contracted during that period and, may be severally sued therefor. Learned counsel pointed out that at no point of tim....

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....g evidence and on evaluation thereof the court may arrive at a different conclusion but all that is to be decided after trial and not at this stage. Section 45 of the Companies Act speaks of the personal liability of the directors of the company in a given situation. The section is not exhausted. It does not say that in no other case the directors of the company can be made severally liable. It....