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november 2001

Supreme Court of India · 2001-11-19

M/S M. M. T. C. Ltd. & Anr vs M/S Medchl Chemicals & Pharma P. Ltd. & ...

Citation / case number
AIR 2002 SUPREME COURT 182
Court
Supreme Court of India
Petitioner
M/S M. M. T. C. Ltd. & Anr
Respondent
M/S Medchl Chemicals & Pharma P. Ltd. & ...
Author
S. N. Variava
Bench
K.T.Thomas, S.N.Variava

Judgment text excerpt

The Supreme Court held that under Section 138 of the Negotiable Instruments Act, a complaint must be filed by a person duly authorized by the company at the time of filing. The Court found that the complaints filed by Mr. Lakshman Goel were not maintainable as he was not the authorized signatory at the time of filing, and subsequent authorization by another officer could not validate the complaints. Consequently, the Court upheld the High Court's decision to quash the complaints, emphasizing the necessity of proper authorization in such cases.

M/S M. M. T. C. Ltd. & Anr vs M/S Medchl Chemicals & Pharma P. Ltd. & ... · Niyam