The applicant, Gurmeher Singh, filed an application seeking to quash an order passed by the Additional District & Sessions Judge, Gorakhpur, in a criminal revision, as well as an order passed by the Addl. Civil Judge, Gorakhpur, staying further proceedings in a complaint case. The complaint case was filed under Section 138 of the Negotiable Instruments Act against Saraya Industries Ltd. and others, with Gurmeher Singh being the director of the company. The trial court issued summons to Gurmeher Singh as the active director of the company, which was challenged in revision but rejected. The applicant contended that insolvency proceedings were ongoing against the company under the Insolvency and Bankruptcy Code (IBC), and Section 14 of the IBC prohibits proceedings
…Gurmeher Singh, the applicant, is a director of M/s Saraya Industries Ltd. A complaint was filed against the company and its directors, including Gurmeher Singh, under Section 138 of the Negotiable Instruments Act. The trial court issued summons to Gurmeher Singh as the active director of the company. Gurmeher Singh challenged this order in revision, which was rejected. Gurmeher Singh then filed an application seeking to quash the summons, arguing that insolvency proceedings were ongoing against the company under the Insolvency and Bankruptcy Code (IBC). He contended that Section 14 of the IBC imposes a moratorium on proceedings against the company. The opposite party argued that the moratorium only applies to the company and not to the director, who was actively
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Additional District & Sessions Judge, Gorakhpur,…
Addl. Civil Judge, Gorakhpur, passed an order…
The applicant, Gurmeher Singh, filed an application seeking to quash an order passed by the Additional District & Sessions Judge, Gorakhpur, in a criminal revision, as well as an order passed by the Addl. Civil Judge, Gorakhpur, staying further proceedings in a complaint case. The complaint case was filed under Section 138 of the Negotiable Instruments Act against Saraya Industries Ltd. and others, with Gurmeher Singh being the director of the company. The trial court issued summons to Gurmeher Singh as the active director of the company, which was challenged in revision but rejected. The applicant contended that insolvency proceedings were ongoing against the company under the Insolvency and Bankruptcy Code (IBC), and Section 14 of the IBC prohibits proceedings
…Gurmeher Singh, the applicant, is a director of M/s Saraya Industries Ltd. A complaint was filed against the company and its directors, including Gurmeher Singh, under Section 138 of the Negotiable Instruments Act. The trial court issued summons to Gurmeher Singh as the active director of the company. Gurmeher Singh challenged this order in revision, which was rejected. Gurmeher Singh then filed an application seeking to quash the summons, arguing that insolvency proceedings were ongoing against the company under the Insolvency and Bankruptcy Code (IBC). He contended that Section 14 of the IBC imposes a moratorium on proceedings against the company. The opposite party argued that the moratorium only applies to the company and not to the director, who was actively
…Additional District & Sessions Judge, Gorakhpur,…
Addl. Civil Judge, Gorakhpur, passed an order…