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Amit Sibal vs Arvind Kejriwal . on 17 November, 2016

6. It has been mainly argued by the Ld. Counsel for the petitioner that Ld. Sessions Court has failed to appreciate the fact that prima facie case U/s 138 NI Act is made out against the respondent as he is jointly, vicariously and severally liable to pay the cheque amount to the petitioner/complainant. He further submitted that the Admission - cum - Retirement Deed dated 01.04.2021 containing covenant regarding liability of the said firm for making payment of Rs.31,95,299/- was duly signed by the respondent as well as Ajay Kumar Gupta. He further submitted that the respondent being one of the partners of M/s. Excel Sales & Supplies, is liable for the payment CRL.M.C. 1326/2023 2 of 9 Signature Not Verified Digitally Signed By:localhost Signing Date:01.12.2023 19:44:07 of dues of the said firm and furthermore, he is the son of Ajay Kumar Gupta as such he alongwith other partner-Ajay Kumar Gupta is liable and responsible for the day-to-day affairs of M/s. Excel Sales & Supplies. Ld. Counsel for the petitioner, in support of his contentions, has also placed reliance upon Subrhramaniam Sethuraman Vs. State of Maharashtara & Anr [AIR 2004 SC 4711], Adalat Prasad Vs. Roop Lal Jindal & Ors, [(2004) SLT 353] and Amit Sibbal Vs Arvind Kejriwal [(2018) 12 SCC 165].
Supreme Court - Daily Orders Cites 6 - Cited by 59 - Full Document
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