https://www.taxtmi.com/caselaws?id=109083 The relief undertaking notification suspended only enforcement remedies and pending proceedings, not the underlying right to present a postdated cheque on its due date. Presentation of the cheque was treated as an exercise of the payee's contractual and negotiable-instrument right, so the notification did not bar the bank from presenting it. The court also found the suit and interim injunction were aimed at avoiding the statutory consequences of dishonour, and the company failed to establish prima facie case, balance of convenience, or irreparable injury. The temporary injunction was therefore unsustainable and was set aside, leaving the bank's right to present the cheques intact. en-us Mon, 12 Apr 2004 00:00:00 +0530 Thu, 05 Apr 2012 17:52:52 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=109083 The relief undertaking notification suspended only enforcement remedies and pending proceedings, not the underlying right to present a postdated cheque on its due date. Presentation of the cheque was treated as an exercise of the payee's contractual and negotiable-instrument right, so the notification did not bar the bank from presenting it. The court also found the suit and interim injunction were aimed at avoiding the statutory consequences of dishonour, and the company failed to establish prima facie case, balance of convenience, or irreparable injury. The temporary injunction was therefore unsustainable and was set aside, leaving the bank's right to present the cheques intact. Case-Laws Companies Law Mon, 12 Apr 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=109083