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Judgment
COA No.1 of 2023 and I.A. no.1 of 2023
Mr. Behera, learned advocate appears on behalf of appellants. He submits, impugned is judgment dated 1st February, 2023, passed by the Court of Additional Chief Judicial Magistrate (Special Court)-cum-Assistant Sessions Judge, Cuttack. He submits, under clause (b) in sub-clause(1) of section 149, Companies Act, 2013, second proviso requires the company to have at least one woman director. Such a director could not be appointed in the period because the company’s licence to do business stood revoked. Subsequent thereto there was requirement by the Registrar of Companies (RoC) to appoint further directors, which is why there were appointments. The judgment is erroneous. He submits, the appeal be admitted and interim protection of stay of realization of penalty be directed.
Mr. Parhi, learned advocate, Dy. Solicitor General appears on behalf of Union of India along with Mr. Behera, learned advocate, Central Government Counsel. Mr. Parhi waives formal notice of appeal on assurance by Mr. Behera that extra copy or appeal papers will be served to the office.
The appeal is admitted. The direction for realizing the penalties be stayed till disposal. The I.A. is disposed of.
Mr. Parhi prays for listing after 15th April, 2023 for hearing and disposal.
List on 17th April, 2023. Registry to call for the LCR in the meantime.
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