Is it mandatory for the Board to pass a resolution authorising a director/manager/secretary etc. before a case u/s 138 can be filed against another company and attach that resolution with the complaint?
Anil Agrawal (Retired) 16 September 2009
Is it mandatory for the Board to pass a resolution authorising a director/manager/secretary etc. before a case u/s 138 can be filed against another company and attach that resolution with the complaint?
Sarvesh Kumar Sharma Advocate (Advocacy) 16 September 2009
yes it is mandatory .
Milind Gyani (Advocates and Legal Consultants.) 16 September 2009
Yes.
pravin jain (proprietor) 16 September 2009
But at the time of evidance can not rely on the certified true copy, one should ask to produce original Minute Book of the Company for verification of certuified copy produced. Since many private limited companies does not maintained records of the meetings.
pravin jain (proprietor) 16 September 2009
In responce to query raised by Mr. Anil Agrawal for submision of Resolution along with complaint - It is must.
But I wish to confirm my opinion whether we should ask for original Minute Book?
If company in responce to application u/s 91 of Cr. P. C. complainant company say that we have no records and documents in our possession or control . Then what will be the fate of complaint which is not supported by the Statutory Record which company has to maintaned under sec. 209 of the companies Act 1956 ?
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