Directors Liability
I won a money decree against a PLC and they have gone on appeal and so I can not execute the decree. Meanwhile the directors (who have absolute control over the unlisted company promoted by family members) are siphoning off wealth of the company and investing in new companies in their personal names through cooking the account books .They are enacing a classical 'Phoenix Fraud' here as they are well experienced in this line ! They are winding down operations & hope to declare that there is no networth left in the company when I am ready to move the execution. I have more or less proof for the fraudulent acts of the directors.
What can I do while their appeal is still pending other than moving an IA for directions not to alieanate the company assets (which has become meaningless now since there are hardly any assets left) !
My claim may have swollen to Rs 20 Lacs by now and I am certain they will eventually lose their appeal against the decree !
Can I go to the Police to file an EOW complaint ?
If the Police are unhelpful,Can I go to Court seeking to investigate the fraudulent acts ?
Or to NCLT or ROC for investigating & disqualifying the Directors ?
And in what capacity I go to the authorities ? As a decree holder (with the appeal against it pending) or a member of Public ?