Manoj Gupta vs Mukesh Chandra Virmani
2021 Latest Caselaw 511 MP

                                      1                            MCRC-12084-2021
          The High Court Of Madhya Pradesh
                    MCRC-12084-2021
                        (MANOJ GUPTA Vs MUKESH CHANDRA VIRMANI)

1
Gwalior, Dated : 04-03-2021
      Heard through Video Conferencing.
      Shri Satyendra Dixit, learned counsel for the petitioner.
      Issue notice to the respondents on payment of process fee within

seven working days by RAD as well as ordinary mode, failing which, this petition shall stand dismissed without reference to the Court.

Notice be made returnable within four weeks. Heard on the question of interim relief.

Counsel for the petitioner submitted that the petitioner is a signatory holder of the company in the capacity of Director of the company Navniketan Builders Pvt. Ltd. It is submitted by learned counsel for the petitioner that without impleading the concerning company as party to the proceedings no such proceedings are maintainable. Learned counsel for the petitioner has relied upon the judgment in the case of Aneeta Hada Vs. Godfather Travels and Tours Private Ltd. 2012 (5) SCC 661 and also in

the case of Bhupendra Suryawanshi Vs. Sai Traders in M.Cr.C.No.735/2020 decided on 9.6.2020 has argued that in similar circumstances when no proceedings were initiated under section 141 and 143 of the Negotiable Instruments Act the proceedings were held to be not maintainable. He has drawn attention of this Court to the instrument which clearly reflects that the signature is being made by the Director of the company. Learned counsel for the petitioner has further drawn attention of this Court that the learned Trial Court has also observed that the signature are made in the capacity of Director of the Company.

Considering the overall facts and circumstances of the case till the next date of hearing the further proceedings in the Case No.800018/2006 pending before the Judicial Magistrate First Class, Shvipuri is directed to be stayed.

2 MCRC-12084-2021 List in the week commencing 5th April, 2021. E-copy/Certified copy as per rules/directions.

(VISHAL MISHRA) JUDGE

Pawar

ASHISH PAWAR 2021.03.04 18:42:02 +05'30'