NI act complaint was filed the deceased MD of the pvt., ltd., Co., during the pendency of the case MD died and another director was authorized to conduct the case. The new complainant has not produced Form No:32 to show his appointment as director and not produced any books of accounts to show that accused had availed a loan.
New complainant has produced the copy of the resolution to show that he is authorised to conduct the case.
IN my opinion form no:32, books of accounts and books of resolution is necessary, otherwise complaint is not maintainable.
If any rulings of the supreme court kindly post it.
Yes Company being legal entity/person never dies, any person could make representation before the court that subject to the board resolution or authorization by the Company. Even Company Secretary could make representation on behalf of the company and Hon’ble Supreme Court also held that whereas the 138 matters Company can appoint any one of its employee to represent the complaint with capacity of resolution or authorization.
Hence form 32 may not be necessary. I thing complaint is maintainable in the eye of law and need not to produce any books, resolution is enough to conduct the case.
In other hand what new complainant has to do that he has to produce the resolution passed by other board of directors to show he is the new MD of complaint Company (discretion to the court).
Please note that separate resolution is not required authorizing the MD to represent the company in 138 cases, because he will be ultimate controller over the Company and he will be the held responsible for day to day business/responsibilities.