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2019 (6) TMI 574 - HC - Companies LawMaintainability of Complaint - no specific averments in the complaint that the accused was in charge and was responsible for conduct of the business of the company - HELD THAT:- It is seen from the entire complaint there is no specific averments and allegations as against the company as well as other directors. The allegations are also very vague and not clear whether the petitioners are responsible for non compliance as the directors of the company. Further it is also seen that there is no specific averments as that the officer who is in default to attract within the meaning of Section (2) (60) (vi) of the Companies Act, 2013. The complainant failed to state specific averments. As such, complaint cannot be sustained as against the petitioners. Though the dictum laid down under the Negotiable Instruments Act, the legal position is clear that there should be specific averments in the complaint that the accused was in charge and was responsible for the conduct of the business of the company. Therefore, the complaint cannot be sustained as against the petitioners - When there is no specific averments as to officer who is in default to satisfy the provision under Section 2 (60) (vi) of the Companies Act, 2013, no specific averments in the complaint. Therefore, the complaint is not at all sustainable as against the petitioners. Petition allowed.
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