Cos 75 — Damages for fraud

Companies Act, 2013

Statutory text

(1) Where a company fails to repay the deposit or part thereof or any interest thereon referred to in section 74 within the time specified in sub-section (1) of that section or such further time  as  may  be  allowed  by  the  Tribunal  under  sub-section  (2)  of  that  section,  and  it  is  proved  that  the

1.

Subs. by Act 1 of 2018, s. 15, for clause (c) (w.e.f. 15-8-2018).

deposits had been accepted with intent to defraud the depositors or for any fraudulent purpose, every officer of  the  company  who  was  responsible  for  the  acceptance  of  such  deposit  shall,  without  prejudice  to  the provisions  contained  in  sub-section  (3)  of  that  section  and  liability  under  section  447,  be  personally responsible, without any limitation of liability, for all or any of the losses or damages that may have been incurred by the depositors.
(2)  Any  suit,  proceedings  or  other  action  may  be  taken  by  any  person,  group  of  persons  or  any association  of  persons  who  had  incurred  any  loss  as  a  result  of  the  failure  of  the  company  to  repay  the deposits or part thereof or any interest thereon.

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