Companies Act, 2013
75.
Damages
for fraud.
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 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 subsection (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.