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    <title>2026 (1) TMI 948 - DELHI HIGH COURT</title>
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    <description>Complaint proceedings under Section 138 of the Negotiable Instruments Act could not be maintained against erstwhile directors where insolvency proceedings had commenced before expiry of the statutory notice period, the moratorium had come into force, and control of the corporate debtor had vested in the interim resolution professional. With the board suspended and the petitioners having no control over the company&#039;s affairs or bank accounts, they could not ensure payment of the cheque amount. The complaint was therefore held unsustainable against them, and the summoning order and connected proceedings were quashed.</description>
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    <pubDate>Thu, 15 Jan 2026 00:00:00 +0530</pubDate>
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      <title>2026 (1) TMI 948 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=785192</link>
      <description>Complaint proceedings under Section 138 of the Negotiable Instruments Act could not be maintained against erstwhile directors where insolvency proceedings had commenced before expiry of the statutory notice period, the moratorium had come into force, and control of the corporate debtor had vested in the interim resolution professional. With the board suspended and the petitioners having no control over the company&#039;s affairs or bank accounts, they could not ensure payment of the cheque amount. The complaint was therefore held unsustainable against them, and the summoning order and connected proceedings were quashed.</description>
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      <pubDate>Thu, 15 Jan 2026 00:00:00 +0530</pubDate>
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