2020 (8) TMI 500

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....oned 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 learned advocate for the petitioners that the a....

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.... 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 restraining the part of the impugned order by disqualifying a direc....

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....i 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 be prospective. In support of his contention, he refers to the ....