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2017 (3) TMI 1852 - HC - Indian LawsDishonor of Cheque - legally enforceable debt or not - vicarious liability fastened upon the shoulder of the petitioner or not - resignation from the Directorship of the Company - HELD THAT:- The resignation of the petitioner and resolution passed by the Company, accepting resignation of the petitioner, is disputed by the respondent No. 2, which is a factual aspect. Forwarding of Form No. 32 by the petitioner to the Registrar of Companies would also be a matter of trial, and therefore, this Court cannot enter into the facts of the case, or the dispute, while deciding application for discharge under section 482 of the Code, and therefore, liability, if any, of the petitioner with the Company shall be decided by the trial court, on leading of evidence by either sides and not by this Court, at this juncture. The present petition fails and is hereby dismissed.
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