SHRIDEV SHARMA v. ANURAG WADHWA

IN THE SUPREME COURT OF INDIA

SHRIDEV SHARMA Appellant(s)

ANURAG WADHWA & ORS. Respondent(s)

1. Leave granted.

2. This appeal arises out of the judgment and order passed

by the High Court of Judicature at Allahabad in Application

under Section 482 No. 27591/2022 dated 17-11-2022.

3. The summons against the appellant were issued only on the

ground that he is the Managing Director of the Company. We

have taken note of the fact that in the meanwhile, proceedings

under Insolvency and Bankruptcy Code, 2016(IBC) have been

initiated against the Company and the Corporate Insolvency

Resolution Process (CIRP) commenced w.e.f. 13.02.2019. In view

of this, the company has to be represented only through the

Resolution Professional.

4. It is also to note that the appellant was not named as a

Director, in his individual capacity in the complaint unlike

other two directors of the Company. In these circumstances,

issuance of the non-bailable warrant against the appellant by

order impugned dated 17.11.2022 is not justified.

5. In view of the above, the application under Section 482

filed by the appellant on 23.08.2022 is hereby allowed by

setting aside the order passed by the High Court on

6. We make it clear that our...