2019 (1) TMI 1957

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....onsidered view that the order passed by the Supreme Court is with regard to a final judgment rendered by the Bombay High Court and for the present in view of the consistent orders passed by us in more than 100 cases, we see no reason to deviate from the same. 2. This writ petition has been filed by persons who are directors in a company incorporated under the provisions of the Indian Companies Act, 1956. 3. Apart from this company, these petitioners have stated in the writ petition that they were directors in other companies as well. 4. This writ petition has been instituted in view of the notice dated 6^th September, 2017 and 12th September, 2017 issued under Section 164(2)(a) of the Companies Act, 2013 by the respondents disquali....

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....as well as the companies concerned. In this regard, reliance has been placed on behalf of the petitioners on the pronouncements of the Constitution Bench of the Supreme Court reported at (2015) 1 SCC 1 Commissioner of Income Tax (Central)-I, New Delhi v. Vatika Township Pvt. Ltd. and another pronouncement reported at (2018) SCC OnLine SC 59 Commissioner of Income Tax 5 Mumbai v. M/s Essar Teleholdings Ltd. through its Manager which relies on Vatika(supra). 9. 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 b....