VIJAY UNIYAL vs GABBAR SINGH PANWAR

THIS is an appeal against the order dated 26.8.1996 passed by the District Forum, Uttarkashi whereby the opposite party was directed to pay the deposits of the complainant along with interest.

THE brief facts of the case are that the complainant deposited a total sum of Rs. 6,360/- (Rupees six thousand three hundred sixty) with Dehra Finance and Investment Company Ltd., appellant. Sh. Vijay Uniyal is the opposite party. He was Branch Manager. Sh. Jai Prakash was the Manager and Sh. Jai Prakash Rana was Managing Director of the Finance Company. It is said that the company has been closed and opposite party No. 1 had promised to pay. Still the amount was not paid. THErefore, he filed a complaint against the above three persons. In the learned Forum only the appellant contested and alleged that he was only the Branch Manager of the company and he has resigned from the company in January 1994 and has got no liability to pay the amount. Opposite party Nos. 2 and 3 did not contest.

Sh. Rajender Singh Negi has appeared earlier on 13.10.2003 but thereafter none appeared on behalf of the opposite party. Therefore, the appeal was heard ex parte.

WE have heard the learned Counsel for the appellant and gone through the records. It is only opposite party No. 1 who filed the appeal. Since the opposite party Nos. 2 and 3 have not contested and filed any appeal, therefore, the order becomes final against them and the complainant is free to enforce the order against them. We are only concerned with the present appeal. The appellant is none else but only the employee of the company. An employee is not bound and liable on behalf of the company. Only the assets of the company are liable. The appellant is not liable in personal capacity. If there is any property of the company with the appellant, the order can be enforced against the assets of the company. With this direction the appeal is disposed of that there is no personal liability of the appellant. His personal property and assets cannot be made subject matter of execution but if there is any property of the company with the appellant, it can be enforced against that property only. ORDER The appeal is disposed of accordingly as above. Appeal disposed of.