2019 (1) TMI 1386

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.... R C.M.No.636/2019 (exemptions) Allowed, subject to all just exceptions. W.P.(C)112/2019 & C.M.No.635/2019 1. This writ petition has been filed by persons who are directors in a company incorporated under the provisions of the Indian Companies Act, 1956. 2. Apart from this company, these petitioners have stated in the writ petition that they were directors in other companies as well....

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.... petitioners have stated that in purported exercise of power under Section 248(1) of the Companies Act, 2013, the Registrar of Companies has additionally struck off the name of the said company from the Register of Companies. 6. The writ petitioners have raised several questions of fact and law challenging these acts and orders of the Registrar of Companies. Inter alia, it has been contended th....

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....cement reported at (2018) SCC OnLine SC 59 Commissioner of Income Tax 5 Mumbai v. M/s Essar Teleholdings Ltd. through its Manager which relies on Vatika (supra). 8. Drawing our attention to the mandatory requirement under Section 248(1), upon the Registrar of Companies to send a notice to the company and all directors of the company, it has been contended by the petitioners that such notice had....

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.... of grave importance so far as the working of the spirit, intendment and object of the Companies Act, 2013, more specifically the manner in which the respondents would operate Sections 164 and 248 of the enactment. 11. Issue notice to the respondents. The learned counsel accepts notice on behalf of the respondents. 12. Till the next date of hearing, there shall be a stay of the notices dated....