Impact of aneeta hada judgement on pending complaints.
VINOD RAWAT
(Querist) 29 August 2013
This query is : Resolved
1.)What will be the impact of "ANEETA HADA" judgement on the complaint cases where the company is not made the party but complaint u/s 138 r/w section 141 N.I.A 1881 was filed against the directors of the company.
2.)Effect of the judgement whether "RETROSPECTIVE" OR "PROSPECTIVE".
3.)Can amendment be made in the complaint making company the party where cognizance has been taken against the directors and bailable as well as non-bailable warrants were issued against the directors as they are not appearing before the court for the last two years.
4.)is there any other remedy available with the complainant.
5.)Is it not the hyper technical view of the court because it is not the company but the directors who are in actual control and management of the company and are responsible for the acts and conduct of the company.
6.)The concept of separate legal entity in company law is illogical,vague and impractical.
KINDLY ENLIGHTEN....
prabhakar singh
(Expert) 30 August 2013
1.The same as held.
2.Shall apply to all pending cases but not on those which have achieved finality before it.
3.No.
4.Evolution would be going on.
5.No.
6.Your say is devoid of merit and proof of a fact that 'jurisprudence behind juristic personality' is foreign to your mind.
Rajendra K Goyal
(Expert) 30 August 2013
1. The impact would be as per judgement.
2. Effect on all pending cases, not retrospective on the decided cases.
3. No amendment at this stage.
4. Not seen.
5. It is not hyper technical view of the court.
6. No.
