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2016 (9) TMI 1157 - DELHI HIGH COURT

2016 (9) TMI 1157 - DELHI HIGH COURT - TMI - Dishonor of cheques - proceedings in complaint case under Sections 138 of the Negotiable Instruments Act, 1881 - liability after resignation - Held that:- The contention of learned counsel for the respondent is that Forms-32 as placed on record were filed on 23rd April, 2004 and 7th April, 2004 showing an ante-dated resignation of the Directors w.e.f. 20th March, 2000 and 6th September, 2002 of Nimish Maheshwari and Brij Maheshwari respectively, thus .....

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fter the legal notice dated 28th January, 2004 was issued. Thus only after the parties lead the evidence, it can be determined whether the petitioners actually resigned on 30th March, 2000 and 6th September, 2002 or not. No ground to interfere in the order summoning the petitioners - CRL.M.C. 3838/2011 & Crl.M.A. 18210/2011 (stay), CRL.M.C. 3839/2011 & Crl.M.A. 18212/2011 (stay) - Dated:- 20-9-2016 - MS. MUKTA GUPTA J. Petitioner Represented by: Mr. Manu Beri, Advocate. Respondent Represented by .....

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titioners were the Directors of the Company M/s ENBEE Infrastructure Limited (in short the Company ) when it entered into a loan agreement with the respondent company, that is, the complainant in the above noted complaint case and the petitioners company agreed to repay the loan of ₹ 845.00 lakhs in equal quarterly installments of ₹ 26.40 lakhs for which an Escrow Account was opened in the State Bank of Travancore, Nagpur Main Branch and the company issued post dated cheques in favou .....

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1, copy of the Form-32 submitted with the Registrar of Companies (ROC) was not filed. Later the petitioners filed certified copies of the Form-32 which were taken on record and this Court vide order dated 25th November, 2011 stayed the proceedings before the learned Trial Court. This Court on 22nd February, 2013 noting that though the certified copies of the Form-32 had been placed on record however, the same did not specifically state that Form-32 was received by ROC on 7th April, 2000 thus dir .....

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