DARSHAN LAL Vs. SATISH STEELS AND ANOTHER

JUDGEMENT

(1.) Notice was issued in this case as Special Leave Petition was pending against the judgment of this Court in Anil Hada v. India Acrylics Ltd., 1998 4 RCR(Cri) 193 . The said case has since been decided by the Supreme Court and the appeal has been dismissed [Case reported in 2000 ISJ(Banking) 168]. It is contended by the counsel for the complainant that even in absence of the company, proceedings can continue against the Directors. Counsel for the complainant also points out that winding up order was much latter than the accrual of cause of action and, therefore, there was no bar to continuation of the complaint.

(2.) After hearing counsel for the complainant and perusing the record, I am of the view that prayer for quashing cannot be accepted at this stage. The petitioner will have the opportunity to raise this issue before the trial Court in accordance with law. Disposed of with these observations.