ANURUPA BOSE @ ANURUPA BASU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. The very short point involved in the writ petition is that petitioner was served with a demand notice, Annexure-5 dated 29.12.2011 and petitioner is apprehending that under the garb of this notice for recovery of certain dues from the registered company M/s Perfect Electrical Concern Limited, Jamshedpur, the respondents are proceeding to recover the dues of the company from the personal property of the writ petitioner, who is the wife of one of the directors, Sujit Kumar Basu, who is no more.

(2.) Learned counsel for the respondents submitted that the Central Bank of India, Jamshedpur Branch has initiated proceeding for recovery of loan advanced to the company, wherein company's property may be sold out. In view of the above, learned counsel for the respondent submitted that the respondent may be permitted to take his plea of State's first charge in recovery proceeding initiated by the Central Bank of India, Jamshedpur Branch.

(3.) However, this position cannot be disputed that the company is a legal entity which can hold property and if, there is dues of the company, then the recovery can be affected from the property of the company and not from the property of the Directors, if they themselves are not personally liable, which may be due to the personal guarantee or mortgage of their personal property. However, in this case it has not been stated by the respondents that deceased-director of the company, Sujit Kumar Basu has mortgaged his property to the respondents in security to the amount sought to be recovered as dues against company and which has devolved upon the petitioner's wife of former Director of the Company Sujit Kumar Basu.