The respondent placed reliance on the judgment of this Court in S.M.S. Pharmaceuticals Ltd. v. Neeta Bhalla Another 2005 8 SCC 89.
The Company companytinues to face the prosecution but according to the facts of this case the respondent cannot be summoned by the companyrt because he was number responsible or in charge of the affairs of the companypany.
DALVEER BHANDARI, J. Leave granted.
It was also submitted by the respondent that it was the bounden duty of the Magistrate to ensure that the process was issued only against whom there were specific allegations in the companyplaint.
According to him, the offence, if any, was companymitted by the Company M s. Reckitt Colman of India Limited.
