1. When the petition is taken-up, Mr.B.R. Gupta, learned advocate for the petitioner, submits that five post-dated cheques have been handed over to him by the respondent, today. It is submitted that the respondent be directed to file an Undertaking in this Court that the cheques shall be honoured and shall not bounce. The details of the cheques are as below:
Sr.Nos.
Cheque Number Date Amount
1. 281732 12.05.2012 2 Lacs
2. 281735 12.07.2012 1.5 Lacs
3. 281734 12.08.2012 1.5 Lacs
4. 281736 12.09.2012 1.5 Lacs
5. 354264 12.10.2012 1.5 Lacs
2. As per the order dated 12.06.2012 of this Court, Shri Ashwinbhai Patel, Managing Director of the respondent Company was present in the Court, during the first session. However, the petition could not be taken up, as Mr.B.R. Gupta, learned advocate for the petitioner, was not present at that time and it was passed over. However, when the petition was called out for the second time in the afternoon session, the Managing Director of the respondent Company had left the Court on account of spondylitis, as submitted by Mr.S.S. Trivedi, learned advocate for the respondent.
3. In view of the above facts and circumstances and as the Court intends to direct the respondent to file an Undertaking that the above-mentioned cheques shall be duly honoured by it, the following order is passed:
Shri Ashwinbhai Patel, Managing Director of the respondent Company, shall file an Undertaking to the effect that all the above-mentioned cheques shall be duly honoured and shall not bounce. The said Undertaking be filed on, or before, 26.06.2012. The Managing Director of the respondent Company shall remain present on the next date of hearing.
List on 26.06.2012.
(Smt.
Abhilasha Kumari, J.) rakesh/ Top