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SUNITA AGARWAL, PRANAV TRIVEDI
Gujarat Alkalies And Chemicals Limited – Appellant
Versus
Pragati Progressive Private Limited – Respondent
JUDGMENT :
Pranav Trivedi, J.
1. The present petition is preferred under Articles 226 and 227 of the Constitution of India, inter alia, praying for quashing and setting aside the order dated 04.09.2021 below Exhibits 31, 32 and 35 (hereinafter referred to as "the impugned orders) passed by the learned Principal Senior Civil Judge, Commercial Court, Vadodara in Commercial Execution Petition No. 12 of 2019 (hereinafter referred as to "the Execution Petition") observing that the decree cannot be enforced against the Directors i.e. respondent Nos. 2 & 3 (hereinafter referred as to "the respondents"). Being aggrieved by the impugned orders, the present petition is preferred.
2. The factual matrix which has led to filing of the writ petition is that the petitioner is a Public Limited Company, registered under the provisions of Companies Act, 1956 (hereinafter referred as to "the Act") and is engaged in the business of manufacture, sale and trading of Alkalies, Chemicals and Allied Products, whereas the Respondent No.1 (hereinafter referred to as "the respondent company") is a Private Limited Company, registered under the provisions of Act and is engaged in the business of purchasing and tra
Directors of a company cannot be held personally liable for the company's debts unless explicitly stated in the decree.
Order XXI Rule 37 of CPC provides that when an application is filed in execution proceedings for payment of money seeking arrest and civil imprisonment of judgment debtor, court would issue a notice ....
The main legal point established in the judgment is that the directions to the directors to furnish details of their personal properties do not follow as a matter of course in every case of execution....
Point of law: Article 227 deals with power of superintendence by the High Court over all Subordinate Court and Tribunals. The power of superintendence conferred upon the High Court by Article 227 is ....
A court cannot independently impose asset disclosure requirements during execution proceedings without a request from decree holders, ensuring compliance with jurisdictional provisions and protecting....
Merely holding the designation of director does not establish liability under the Negotiable Instruments Act; specific allegations of involvement and responsibility in the company's affairs at the ti....
Point of law: Arbitral Award - Law permits a litigant to claim reliefs in alternative and merely because a relief claimed in the alternative has been granted cannot come in the way of impugning the d....
Dishonour of cheque – Offence by company – Creeping up escalating liability to Chairpersons of large conglomerates/companies for cheques issued in day-to-day affairs of business of a company would un....
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