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2017 (11) TMI 2048

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....Mr. Sandeep Sharma, Proxy counsel ORDER Learned counsel for the petitioner submits that vide judgment dated 23rd February, 2017, passed in a batch of petitions, lead case being Crl. M.C. No. 3303/2016 titled Kanarath Payattiyath Balraj vs. Raja Arora, a learned Single Judge of this Court has quashed the summoning order against the petitioner in the similar facts. By following the said judgment....

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....his plea of petitioner has been accepted in the aforesaid cases. The learned Single Judge, in paras 14 and 15, of the above-referred judgment has held as under:- "14. As has been noted above, the Petitioner was appointed as an independent non executive nominee director in 2009 and he subsequently resigned from the company in the year 2015. In terms of Section 149(12) of the Companies Act, 2013 ....

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....e complaints. In the complaints it is merely stated that accused No.2 to 8 are the directors of the company and have been actively participating in day-to-day affairs of the company and take all the decisions for the company. Admittedly, the petitioner is not the Managing Director of Vasan Health Care nor the signatory to the cheque. He is also not the person responsible for day-to-day functioning....