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1990 Supreme(Cal) 424

S.P.RAJKHOWA
VOLTAS LIMITED – Appellant
Versus
HIRALAL AGARWALLA – Respondent


Advocates Appeared:
AMITABHA GANGULY, BALAI CHANDRA ROY, BHASKAR SEN, M.M.GUHA,

S. P. RAJKHOWA, J.

( 1 ) BY this revisional application the petitioners have challenged the order dated 1st March 1990 passed by the Learned Metropolitan Magistrate, 9th Court, Calcutta in case No. C/1930 of 1989 u/s 138 of the Negotiable Instruments Act, whereby the learned Magistrate rejected the petition filed by the petitioners praying for dropping the proceeding on the ground of maintainability.

( 2 ) THE facts of the complaint case as disclosed from the copy of the complaint petition dated 23rd August 1989, appended to this revisional application may be summarised as follows: -the opposite party as complainant filed the said complaint case in the capacity of the Secretary, Titagarh Steels Limited. The complaint petition goes on to say that accused petitioner No. 1 is a Public Company with its registered office at 19, J. N. Heredia Marg, Volkart Building, Ballard Estate, Bombay-38 and Calcutta Office at Gillander House, N. S. Road, Calcutta-1. Accused petitioners No. 2, 3 and 4 are Chairman, Vice-Chair-man and Secretary of accused petitioner No. 1. Accused petitioner Nos. 5 and 7 are working for gain in the said company at its Calcutta Once and accused petitioner No. 6 is th











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