Calcutta High Court (Appellete Side)
For The vs Godfather Travels And on 28 February, 2022
Author: Jay Sengupta
Bench: Jay Sengupta
28.02.2022 40 AB Ct. No.39 CRR 56 of 2022 In Re : Harish Bagla Mr. Mayukh Mukherjee Mr. Aryaa Chatterjee Mr. D. Chakraborty ... for the petitioner Supplementary affidavit filed on behalf of the petitioner is taken on record.
Learned counsel for the petitioner submits as follows. Without making the Company an accused, a Director of the Company has been proceeded against in a case under Section 138 of the Negotiable Instruments Act although the cheque in question was issued by the said Company. Reliance is placed on the decisions of the Hon'ble Apex Court in Aneeta Hada Vs. Godfather Travels and Tours Private Limited reported in (2012) 5 Supreme Court Cases 661 and Standard Chartered Bank Vs. State of Maharashtra & Ors. reported in (2016) 6 Supreme Court Cases 62. It is pertinent to mention that there was no proceeding pending against the accused Company under the IBC, at least till the date of filing of the complaint. The next date of hearing before the learned Trial Court is in the month of March, 2022.
Let the petitioner serve a copy of this application upon the opposite party no. 2 by speed post with acknowledgement due, within a week. An affidavit of service to that effect shall be filed on the next date of hearing.
Let this matter appear in the list under the heading 'Listed Motion' on 14th March, 2022.
The impugned proceeding shall remain stayed till that date. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.
(Jay Sengupta, J.)