2020 (12) TMI 471

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....SRI M.A.VINOD, CGC, SRI A.G.ADITYA SHENOY, CGC. JUDGMENT The petitioners, who are Companies incorporated with the Registrar of Companies, Kerala, have filed these writ petitions seeking to direct the respondents to permit them to file e-form ACTIVE, INC-22A without insisting on appointment of a whole-time Company Secretary. The petitioners have also sought to declare that the restriction imposed in filing e-form ACTIVE, INC-22A with regard to non-compliance of Section 203 of a whole-time Company Secretary or Rule 8A of the Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014 is arbitrary and illegal. 2. The petitioners submit that the 1st respondent- Union of India, in exercise of its powers under Section 46....

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....ime Company Secretary and should be permitted to file e-form ACTIVE, INC-22A without insisting the appointment of a whole-time Company Secretary. 5. When these writ petitions came up for admission, interim orders were passed by this Court permitting the petitioners to file e-form ACTIVE, INC-22A, Form PAS-03 (change in paid up capital) and Form DIR-12 (change in Director except cessation) without insisting appointment of a whole-time Company Secretary provisionally, pending further orders in these writ petitions. 6. When these writ petitions came up for hearing today, the Central Government Counsel representing the respondents argued that as per the existing rules, the petitioners are bound to appoint whole-time Company Secretaries, a....