2020 (8) TMI 500

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....ER The petitioners of the above mentioned three writ petitions have challenged a common orders disqualifying them from acting as Directors of different companies following the provision under Section 164(2) (a) of the Companies Act, 2013 for non-submission of annual returns and balance-sheet for previous financial years starting from 2011 to 2012 to 2013 to 2014. It is submitted by the learn....

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....n case of WP 5869(W) 2020 the petitioner was disqualified from 1.11.2017 to 31.10.2022 i.e. prior to coming into force of the above mentioned proviso in Section 167(4) of the Companies Act. Learned advocate for the petitioner, in support of his contention refers to an order dated 15th November, 2017 passed by a Division Bench of this Court in MAT 1874 of 2017 granting an order of injunction res....

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....urt in series of writ petitions on 16.1.2020 in the matter of Jai Shankar Agrahari vs. Union of India & Anr. (WRIT-C NO. - 12498 OF 2019). Learned Advocate on behalf of the respondents on the other hand submits that proviso to Section 167(1) is clarificatory and curative in nature in order to give proper effect to the deeming provision of Section 167(1) and therefore the proviso cannot be held to ....

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....e.f. 7.5.2018, entire matter was taken into consideration by the Single Bench of this Court vide judgment dated 22nd January, 2020 quashing the orders issued by ROC disqualifying the functions of the directors. In view of such consistent stand taken by this Court even after amendment of the Companies Act, 2013, I am of the view that in present set of writ petitions the petitioners have been able t....