Aneeta Hada vs M/S Godfather Travels & Tours Pvt.Ltd on 27 April, 2012
12. It is not in dispute that the petitioner is
one of the Directors of the Company and the
Company is not arrayed as an accused. The
Company not being arrayed as one of the accused
and only the Director of the Company being arrayed,
the complaint cannot be maintainable and the
proceedings cannot be continued in the light of the
law laid down by the Three Judge Bench of the Apex
Court in the case of ANEETA HADA v. GODFATHER
TRAVELS AND TOURS PRIVATE LIMITED -
(2012) 5 SCC 661. Therefore, the complaint against
the petitioner who is the Director of the Company
without arraigning the Company as a party was not
even maintainable.