9911796707
TMI Blog2020 (12) TMI 784X X X X Extracts X X X X X X X X Extracts X X X X ..... ricals Limited is a public company. If that be so, the fact that Petitioner was a director of the said company for the relevant period, though in a nonexecutive character and stated to have resigned, would have no bearing on fastening of liability on the Petitioner for the alleged default of M/s. Birla Electricals Limited. In such circumstances, attachment of the bank account of the Petitioner does not appear to be justified and is without any legal sanction. The impugned prohibitory order dated 12.02.2018, the demand notice dated 18.12.2018 as well as the attachment order dated 10.06.2019 cannot be sustained qua the petitioner - Petition allowed. - WRIT PETITION (L) NO.4995 OF 2020 - - - Dated:- 17-12-2020 - UJJAL BHUYAN ABHAY AH ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 359.00 failing which action would be initiated against him under the provisions of the Maharashtra Land Revenue Code, 1966. 3. Petitioner has stated that thereafter respondent No.3 had issued an order of attachment dated 10.06.2019 thereby attaching two flats of the petitioner, one being Flat No.501, Lalita Sadan, Old Patkar Blocks, Off S V Road, Bandra (West), Mumbai-400 050 and the other being Flat No.5B, 2nd Floor, Vishesh CHS, Sion (West), Mumbai-400 022. 4. According to the petitioner he is a qualified Chartered Accountant by profession. He is one of the directors of M/s. Twilight Mercantiles Limited which is a dealer under the MVAT Act. However, petitioner is a non-executive director and M/s. Twilight Mercantiles Limited is a pu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt dated 15.09.2020 passed in Writ Petition (L) No.988 of 2020, Girdharilal Vs. State of Maharashtra and, therefore, prays for a similar order. 4. Ms. Chavan, learned AGP submits that she may be given some time to ascertain from the respondents about the status of the aforesaid company i.e. M/s. Twilight Mercantile Limited. 5. On her request, stand over to 17.12.2020. 8. Today, when the matter is called upon, Ms. Jyoti Chavan fairly submits on instruction that M/s. Twilight Mercantiles Limited is a public limited company and not a private limited company. 9. At this stage, we may advert to our decision in Shri. Girdhari Lal Lath (supra). Relevant portion of the said order is extracted hereunder :- 12] Since Respond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 44 of MVAT Act is subject to the provisions of Companies Act, 2013. When a provision is made subject to another provision or another statute, it would mean that the other provision or the other statute would prevail over the provision in question, in case of any conflict or inconsistency between the two. When the draftsman uses the expression subject to in a statute in contradistinction to the expression notwithstanding , it means that the other provision or the other statute would have an overriding effect over the provision under consideration. 14.1] Ordinarily the expression subject to conveys the idea of a provision yielding place to another provision or other provisions subject to which it is made. In other words, when a p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... person, where the company to be formed is to be One Person Company that is to say a private company. Incorporation of One Person Company and conversion of One Person Company into a public company or a private company are dealt with under Rules 3 and 6 of the Companies (Incorporation) Rules, 2014 framed under the Companies Act, 2013. 15.2] From a conjoint reading of the aforesaid provisions of the Companies Act, 2013 and the related Rules, what is discernible is that there is a clear distinction between public company and private company in law. Companies Act, 2013 makes this distinction explicit. 16] Since Sub Section (6) of Section 44 of the MVAT Act is subject to the Companies Act, 2013 the definitions and distinctions laid down ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
