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Maloji rao ghodkar (civil side )     25 October 2022

Provision to sue and to be sued is absent in the articles of association of company

I found that in the Articles of Association of a company registered under the Indian Companies Act, 1956 the Board of Directors of the company are not authorised to sue a third party.  In the absence of such provision in the AoA, whether company is entitled to maintain action by way of suit or criminal case u/s 138 of NI Act?



Learning

 1 Replies

sandeep jadhav   25 October 2022

yes you can file complaint under section 138 of negotiable instrument act

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