what was your role in the transaction? please specify. what is the claim against you. what relationship did you have with the rest of the respondents?
Apportion of penalty and fine
In an old civil case we are 5 respondents. One is a company which is now bankrupt and taken over by some other company and now almost defunct.Second is past CEO of this company and has since migrated out of India.Third is Director of this company and now is deceased.Fourth is my proprietory concern which is now permanantly shut and last is myself.In a case the court has ordered a penalty and fine together amounting to Rs.60000/- . Now the question is how will this be aprportioned ? as I am the only person here will I have to pay 1/3 of the liability? Is there some remedy in Law to aproportion fines and penelties ? Can migration out of India or Death spare the respondents ?
Asked 10 years ago in Civil Law
8 Answers
if order says jointly or severly then you will have to bear
it is necessary to go through the court order . from facts stated by you it appears that all Respondents have been jointly directed to pay Rs 60,000 penalty .migration out of india does not absolve director to pay penalty as per court orders .
Thank you Mm. and Sir's.Yes the order says jointly. Now what will happen to the penalty to be born by the deceased and the person who has migrated.It may be a very long time till the migrated person comes up to pay and the family of the deceased may decline.What should I do ? Should I request the court to aproportion ?Is there some sort of provision in Law for this ? Mm. the dispute is about a product which was rejected by the complainent and I had supplied one of its part.
Asked 10 years ago
you can try for payment of your share to the plaintiffs
if the deceased left any property the legal heirs would be liable to pay . pay Rs12,000 being the penalty imposed on you and your proprietary concern . if court directs then pay full amount .
You should pay for your share of the liability. you pointed out that you supplied only certain goods and not the whole. so your liability has to be restricted to that. hope you have argued on these lines before the court.
If the court has specifically mentioned in its order that amount shall be paid jointly by all respondents, it so needs to be done. Migration out of India does not absolve any of the respondents of their duty to comply with court order. The liability can be enforced even in the country they are domiciled through the Indian consulate therein.
Your liability is 1/5th i.e 12,000 INR notwithstanding how many respondents have migrated. Migration of a respondent does not result in a corresponding shift of his liability on to the shoulders of another respondent.