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Judgment
COA No.4 of 2023 and I.A. no.4 of 2023
Mr. Behera, learned advocate appears on behalf of appellants and hands up circular dated 21st March, 2023, issued in clarification of notification dated 5th June, 2015. He hands up copy of the notification as well. He submits, the clarification is that for initiation of any prosecution against the government company and its directors, Registrar of Companies (ROC) is not authorized. Further clarification is that as per section 439(2) in Companies Act, 2013
read with Notification dated 5th June, 2015, no court shall take cognizance or any offence under the Act, alleged to have been committed by any Government Company or any officer thereof, except on complaint in writing of the person authorized by the Central Government in that behalf.
Mr. Parhi, learned advocate, Deputy Solicitor General appears and submits, the notification is of year, 2015 and the clarification has just been handed over. Adjournment be granted to consider the same and obtain instructions.
Petitioners may urge, as a ground, absence of authority with the ROC to have initiated the prosecution, if it was so. So far as Court taking cognizance is concerned, this appeal is not covered by the second clarification.
List on 9th May, 2023. Interim order to continue till next date of hearing.
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