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Can the case filed by the company u/s 138 is inadmissible
01-Aug-2023 (In Cheque Bounce Law)
I had given Checque in favour of a co and was returned . The director of the company in individual capacity has registered case u.s 138 against me. Does the case stay or is the complaint inadmissible in the court of law
The director has right to file case being representative of the company on behalf of company. If he has filed it on behalf of company in the capacity of director then it can't be stayed or dismissed on this ground.
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Adv. Manish Shandilya
Gurgaon | 25+ Answers
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Hello, they must have filed the case through authorised representative or through director. Any company can not file case in its own capacity. If they have filed the case through director or authorised representative then it is well admissible case.
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Adv. Akash Gupta
Gurgaon | 100+ Answers
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The case is admissible, as the company is representated by its Directors or authorised representatives wherever required. The directors of the company have to take care of all the litigations on behalf of the company.
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Adv. Aarti Bhalla
Gurgaon | 25+ Answers
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No question of inadmissible.company can sue you in it's name through authorize signaturies. You have to take bail from the court when summons are issued against you .PL engage a seasoned loval lawyer having dealt similar cases
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Adv. Kalyan Singh Ahlawat
Gurgaon | 25+ Answers
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Complaint is admissible. company gives authorisation letter etc. for pursuing the case. if the director has totally filed in personal capacity like an individual then it can be taken into consideration. But full facts are needed to comment furthermore.
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Adv. Vishal Sharma
Panipat | 25+ Answers
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