Service of notice and contractual debt acknowledgment preserved insolvency admission against a corporate guarantor despite limitation and natural just...
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Dishonour complaints under s.138 NI Act were examined where the corporate debtor's CIRP had commenced and a liquidator had taken charge before cheque presentation, resulting in return remarks "ACCOUNT BLOCKED." Since the directors were divested of control over bank accounts upon moratorium and insolvency administration, vicarious liability for post-moratorium dishonour could not be fastened on them; the summoning orders were quashed. Independently, "account blocked" due to statutory insolvency restraints is not dishonour "for insufficiency of funds," so the essential ingredient of s.138 was not established; the complaints and all consequential proceedings were quashed. - HC
Dishonour complaints under s.138 NI Act were examined where the corporate debtor's CIRP had commenced and a liquidator had taken charge before cheque presentation, resulting in return remarks "ACCOUNT BLOCKED." Since the directors were divested of control over bank accounts upon moratorium and insolvency administration, vicarious liability for post-moratorium dishonour could not be fastened on them; the summoning orders were quashed. Independently, "account blocked" due to statutory insolvency restraints is not dishonour "for insufficiency of funds," so the essential ingredient of s.138 was not established; the complaints and all consequential proceedings were quashed. - HC
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