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Judgment
The petitioner assails a decision of the Registrar of Companies taken under the provisions of Section 164 (2) (a) of the Companies Act, 2013 in naming the petitioners as persons who stand disqualified to act as director in terms of such provisions of the Act of 2013.
Learned advocate appearing for the petitioner submits that, the petitioner is similarly situated and circumstanced as that of the writ petitioner in the MAT 1874 of 2017 with CAN 10479 of 2017 (Arun Kumr Seth-Vs-Union of India & Ors). He submits that, similar relief should be granted. The Company in default has been notified by the Registrar of Companies, West Bengal for striking it off and such proceeding is pending.
The respondents are represented.
The petitioner figure in the list published by the Registrar of Companies, West Bengal naming the persons who according to the Registrar stands disqualified under the provisions of 164 (2) (a) of the Companies Act, 2013.
The petitioner appears to be similarly situated and circumstanced as that of the Arun Seth (supra).
On the strength of Arun Seth (supra), it would be appropriate to pass an order of injunction staying the operation of the impugned list of disqualified directors published by the Registrar of Companies, West Bengal so far as it pertains to the petitioners. The petitioner is permitted to act as director in the respondent Nos.4 and 5 where the petitioner was serving as director prior to the impugned notice . This order, however, will not be construed to entitle the petitioners to continue as directors of the defaulting company.
The issues raised in the writ petition are such that an opportunity be afforded to the respondents to file affidavits.
Let affidavit in opposition be filed within five weeks from date, reply, if any, thereto be filed within one week thereafter. The writ petition will be treated as ready for hearing immediately on completion of the time stipulated for filing affidavits.
Liberty to the parties to mention for early hearing.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.