Supreme Court of India · 2014-04-07
M/S HARYANA STATE COOP SPY & MKT FED LTD vs M/S JAYAM TEXTILES
- Citation / case number
- SC 2007/28653
- Court
- Supreme Court of India
- Petitioner
- M/S HARYANA STATE COOP SPY & MKT FED LTD
- Respondent
- M/S JAYAM TEXTILES
- Author
- P SATHASIVAM,RANJAN GOGOI,N.V. RAMANA
- Bench
- P SATHASIVAM,RANJAN GOGOI,N.V. RAMANA
Judgment text excerpt
The Supreme Court held that the dismissal of the appellant-Federation's complaints under Section 138 of the Negotiable Instruments Act, 1881 was erroneous due to the lack of proof of authorization from the Board of Directors. The Court emphasized that the absence of such authorization should not preclude the appellant from presenting its case, especially given the nature of the appellant as a public sector undertaking. The Court directed that the appellant should be allowed to furnish the necessary authorization to proceed with the complaints, thereby reversing the High Court's decision.