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Neeraj (Company secretary)     20 September 2011

Wrongful dishonour of cheque by bank

ABc Pvt Ltd has a Bank Account with private foreign Bank.  X and Y the Directors of the Company were operting the said Account, There were no transaction in the account for a period of nine months.

The cheques issued by the company were returned unpaid by the Bank with the remark " refer to drawer" despite sufficient fund. when contacted the bank replied that the Directors are removed by the sharholders and the account is frozen on the instruction of the shareholders of the Company.

When the directors asked the document in support of the claim of the Bank the bank failed to provide any satisfactory legal documents like court order, Form 32 etc

As per the records X & Y are the directors of the company.

need your help with case laws

 

 



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 2 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     20 September 2011

Pvt ltd means few share holders so who are those peiople find out and settle the matter.

Neeraj (Company secretary)     21 September 2011

The corporate shareholders of the company have become Insolvent and are under the control of receivers.

The receivers have written that  they are not empowered to interfere into the Management of the Company, in terms of their appoinment by the creitors of the Shareholders, however they have used their influence to get the Account frozen  


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