2017 (11) TMI 1908

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... effect from 1st November, 2016 for a period of five years i.e. till 31st October, 2021, wherein the name of the petitioner figures, was challenged by the petitioner before the learned single Judge by way of a writ petition being W.P. No. 25916(W) of 2017. The learned single Judge gave direction for filing affidavits, but declined to pass any interim order as prayed for by the writ petitioner. Being aggrieved, the writ petitioner/appellant has preferred the instant appeal. Mr. Saha, learned senior counsel appearing for the writ petitioner/appellant submitted that the petitioner is a Director of various companies including the respondent no.3. The respondent no.3 never functioned since its incorporation. It was incorporated with the ob....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... period after Section 164(2) of the said Act came into force. Hence, it can well be given retrospective effect. He further drew our attention to Section 167 (1) of the said Act. He then submitted that he requires some time to obtain instruction in the matter. We have considered the rival contentions of the parties. We are, prima facie, in agreement with the submission of Mr. Saha. For the purposes of interim protection, we are of the view that an arguable case has been made out by the petitioner/appellant. It appears, prima facie, that disqualification under Section 164(2) of the said Act would not prevent the petitioner to continue to act as Director of other companies which are not in default. However, we are not expressing any opinion....