No fundamental defect if company’s name not mentioned first when suing through Managing Director: Supreme Court

The Court reiterated that a Managing Director is taken to be in charge of a company’s day-to-day affairs and the same would entail approaching court for setting a trial in motion.
Justices SK Kaul and MM Sundresh
Justices SK Kaul and MM Sundresh

The Supreme Court on Wednesday ruled that there is no fundamental defect in a cheque bounce complaint simply because the name of the Managing Director (MD) is stated first followed by the post held in the company (Bhupesh Rathod Dayashankar Prasad Chaurasia & Anr).

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