Reliance was placed on the judgment of the Supreme
Court in Aneeta Hada v. Godfather Travels & Tours (P) Ltd. , (2012) 5
SCC 661. According ... learned counsel further submitted that the judgment in Aneeta
Hada (supra) was a per incuriam judgment, as the Supreme Court in
other cases had held
judgment of a three Judge
Bench of the Supreme Court in Aneeta Hada v. M/s. Godfather
Travels and Tours Private Limited ... contemplated. The judgment of the
Supreme Court in the case Aneeta Hada dealt with
proceedings under Section 138 of the N.I. Act. The
judgment
KAMAL KUMAR
Signing Date:13.03.2024
23:18:35
13. In Aneeta Hada and Others v. Godfather Travels and Tours Private
Limited ... refer to the pertinent legal ratio in the case of Aneeta
Hada v. Godfather Travels and Tours Private Ltd. , we would like to refer
Apex Court, while relying on its earlier judgement passed in
Aneeta Hada v. Godfather Travels & Tours (P) Ltd. : (2012) 5 SCC
661 had quashed ... proviso of Section 138 of the NI Act.
21. In Aneeta Hada v. Godfather Travels & Tours (P) Ltd. (supra),
the moot point was whether
decision of the Supreme Court
reported as ( 2012) 5 SCC 661 Aneeta Hada Vs. Godfather Travels and Tours
Pvt. Ltd..
4. Learned counsel ... rendered by the Supreme Court in case of Aneeta Hada (supra) and
rather the legal position was that a complaint was maintainable even against
example is Section 141 of the
Negotiable Instruments Act, 1881. In Aneeta Hada
[Aneeta Hada v. Godfather Travels & Tours
Information Technology Act, 2000. The Supreme Court (three Judge
Bench), in Aneeta Hada v. Godfather Travels & Tours Pvt. Ltd. , reported ... Supreme Court while relying on its decision in Aneeta Hada (supra)
reiterated that the proceeding against the Manging Director/Director cannot
be continued in absence
example is Section
141 of the Negotiable Instruments Act, 1881. In Aneeta
Hada [Aneeta Hada v. Godfather Travels & Tours
them cannot be initiated or continued
without the corporate debtor - see Aneeta Hada (supra). This is
because Section 141 of the Negotiable Instruments Act speaks ... company, as well as the company.
The Court, therefore, in Aneeta Hada (supra) held as under:
―51. We have already opined that the decision
them cannot be initiated or continued
without the corporate debtor - see Aneeta Hada (supra). This is
because Section 141 of the Negotiable Instruments Act speaks ... company, as well as the company.
The Court, therefore, in Aneeta Hada (supra) held as under:
―51. We have already opined that the decision
