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Judgment
COA No.4 of 2023 and I.A. no.4 of 2023
Mr. Kanungo, learned senior advocate appears on behalf of appellants and submits, his clients are aggrieved similarly as appellants in COA no.1 of 2023. He submits, the appeal be admitted as covered by order dated 3rd March, 2023 passed in said appeal. The facts are similar.
Mr. Jena, learned advocate, Central Government Counsel appears on behalf of respondent nos.2 and 3 and submits, same directions be made as in said order dated 3rd March, 2023.
Paragraph 1 from said order dated 3rd March, 2023 is reproduced below for clarity.
“1. 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.”
The appeal is admitted. The direction for realizing the penalties be stayed till disposal. The I.A. is disposed of.
List along with COA no.1 of 2023 on 17th April, 2023. Registry to call for the LCR in the meantime.
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