The primary question before the top court is whether the High Court failed to appreciate the trial court’s finding that liability of directors cannot be fixed without making a company a party to the proceeding.
“Because the complainant by not impleading the company to whom the alleged payments were made as a chit subscriber and then using the security check issued to them and now claiming that the debt is personally liable on the accused and not the company is in antithetical,” the plea said.
Source: Barandbench
