Case: Elizabath Leela George Vs. Hmt International &amp; Others

In these two appeals, two points have been urged before us on behalf of the appellant. Firstly, it is submitted that two of the directors namely Dr. (Mrs.) Elizabath Leela George and Mr. T.A. Krishnamurthy are nominee directors and therefore, their prosecution is not justifiedSecondly, it is submitted that the complaint does not fulfil the requirement of Section 141 of the Negotiable Instruments Act in the light of the judgment of this Court reported in 2005 (8) SCC 89.

Court's reasoning:
However, we do not find any such description of the director in the complaint nor any averment has been made in the complaint that he is an Executive Director of the Company. Learned Counsel appearing on behalf of the appellant also conceded that so far as the Managing Director and the Secretary are concerned, they cannot escape their liability.