Summoning order quashed for reliance on unfiled annexures and mechanical, non-speaking exercise without application of mind.

A summoning order in a complaint under Section 211 of the Companies Act, 1956 was quashed because the complaint relied on annexures such as the annual return and inspection report, yet none of those supporting documents were filed or marked before the trial court. Without the documents forming the factual basis of the allegations, the order could not be sustained. The court also found that use of a preformatted pro forma order with blank spaces mechanically filled indicated a non-speaking exercise and lack of application of mind. The proceeding therefore ended in favour of the petitioner.

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Issues: Whether the summoning order in a complaint under Section 211 of the Companies Act, 1956 was liable to be quashed for want of the annexures referred to in the complaint and for non-application of mind.

Analysis: The complaint expressly referred to multiple annexures, including the annual return and inspection report, but none of the annexures mentioned in the complaint had been filed or marked before the trial court. In the absence of the documents forming the basis of the allegations, the summoning order could not be sustained. The use of a preformatted pro forma order with blank spaces filled in also reflected a mechanical exercise rather than a judicial application of mind to the complaint and supporting material.

Conclusion: The summoning order was quashed.

Final Conclusion: The proceeding ended in favour of the petitioner by setting aside the impugned summoning order for want of proper judicial scrutiny and supporting material.

Ratio Decidendi: A summoning order cannot stand where the complaint relies on unfiled or unmarked annexures and the record shows a mechanical, non-speaking exercise without application of mind.

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