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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
DR. INDER JIT SINGH, PJ, DR. JUSTICE SUDHIR KUMAR JAIN, M
SUDHESCHANDRA – Appellant
Versus
MADAT ALI NOOR MOHAMMAD GILANI & ANR. – Respondent
| Table of Content |
|---|
| 1. application for substitution of the appellant's name based on ceased directorship. (Para 2 , 3) |
| 2. opposing arguments regarding liability and application non-maintainability. (Para 4 , 5 , 6) |
| 3. discussion on director's liability for corporate non-compliance during insolvency. (Para 7 , 9 , 10 , 12 , 14) |
| 4. final ruling upheld dismissing the application. (Para 15 , 16 , 17) |
ORDER
1. Heard learned counsel for the parties.
2. Challenge is to order dated 01.10.2021 of the State Commission in EA/9/2019 in CC/20/2016, vide which an application filed by the Appellant herein was dismissed. The Appellant herein has filed an application dated 06.07.2021 before the State Commission praying for substitution of his name on the ground that he is no more the Director of the JD Company M/s.
Ramnath Developers Private Limited. Following prayers were made in the said application:
“PRAYER: It is therefore most humbly prayed to this Hon’ble Commission to:
a) Discharge and substitute the applicant – Mr. Sudeshchandra Gupta from the present proceeding as person representing the OP/Accused in the present matter;
b) Substitute name of accused/OP – Mr. Sudeshchandra Gupta in the present proceedin
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