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TMI Blog2012 (6) TMI 430X X X X Extracts X X X X X X X X Extracts X X X X ..... Maneesha Dhir, Ms. Mithu Jain and Ms. Preeti Dalal for the Respondent. JUDGMENT 1. The present writ petition under Article 226 of the Constitution of India has been filed praying for following reliefs:- "( i )Directing the respondent to include the Advocates/corporate advocates in the list of Practicing Professionals and enable them to issue various certificates integrated into various e-Forms, notified under the Companies Act, 1956 and The Limited Liability Partnership Act, 2008. Or ( ii )Directing the Respondent to eliminate the obligatory certification of e-Forms notified under the Companies Act, 1956 and the Limited Liability Partnership Act, 2008 and convert them into their previous format i.e. physical format as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... matters precedent and incidental thereto, shall be filed with the Registrar; and the Registrar may accept such a declaration as sufficient evidence of such compliance. Explanation - For the purposes of this sub-section, "chartered accountant in whole-time practice in India" means a chartered accountant within the meaning of clause ( b ) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949), who is practising in India and who is not in full-time employment. (3) If the Registrar is satisfied that all the requirements aforesaid have been complied with by the company and that it is authorised to be registered under this Act, he shall retain and register the memorandum, the articles, if any, and the agreement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent, in the counter affidavit, has clarified that full effect is being given to section 33 of the Companies Act and section 11 of the Limited Liability Partnership Act. The said provisions are being fully complied with. What has been highlighted and pointed out is that as far as filing of Forms 18 and 32 under the Companies Act are concerned, these were never filed by Advocates. The said fact is not denied. With the introduction of e-filing, the said forms have to be now filed electronically. These forms required declaration and verification to be made in the prescribed format by the parties. There is similarly a provision for making declaration and verification in the prescribed format in respect of limited liability partnerships, wh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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