2018 (7) TMI 2195

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....umar, Adv ORDER 1. This writ petition has been filed by person who is the director in a company incorporated under the provisions of the Indian Companies Act, 1956. 2. Apart from this company, this petitioner has stated in the writ petition that he was director in other companies as well. 3. This writ petition has been instituted in view of the notice dated 6th September, 2017 and 12th....

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.... the Registrar of Companies has additionally struck off the name of the said company from the Register of Companies. 6. The writ petitioner has raised several questions of fact and law challenging these acts and orders of the Registrar of Companies. Inter alia, it has been contended that the action of the Registrar of Companies in disqualifying the petitioner under Section 164(2)(a) as well ....

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.... 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 to be issued and served in the manner prescribed by law i.e. in compliance with Rule 3(2) of the Companies (....

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....re specifically the manner in which the respondents would operate Sections 164 and 248 of the enactment. 11. Issue notice to the respondents. Mr. Ashim Sood, CGSC accepts notice on behalf of the respondents. 12. Till the next date of hearing, there shall be a stay of the notices dated 6th September, 2017 and 12th September, 2017 whereby the petitioner was declared disqualified as Director un....