ARADHANA GUPTA Vs. LUDHIANA COLONIZERS P. LTD.

JUDGEMENT

(1.) THE petitioners seek quashing of the complaint dated February 14, 2006, annexure PI, filed under Section 630 of the Companies Act, 1956 (for short "the Act") and the summoning order dated February 15, 2006, passed by the learned Judicial Magistrate First Class, Ludhiana, annexure P2, and all consequential proceedings arising therefrom in the interest of justice, equity and fair play.

(2.) ON the complaint filed by the Ludhiana Colonizers P. Ltd., a company registered under the Act, learned Judicial Magistrate First Class, Ludhiana has been pleased to summon the petitioners under Section 630 of the Act by passing the following order:

(3.) THIS contention of learned Counsel for the petitioners cannot be accepted in view of the fact that the complaint, annexure PI specifically mentions that the board of directors of the company in their meeting held on January 13, 2006, have authorised Shri C.L. Chandok and Vimal Kumar to file a criminal complaint under Section 630 of the Act. Copy of the resolution has been attached as annexure C with the complaint. Whether the resolution passed was valid or not or any meeting was held on January 13, 2006, is a question of evidence and proceedings cannot be quashed on the plea that the resolution passed in favour of the persons representing the company was not valid.