9911796707
TMI Blog2021 (4) TMI 506X X X X Extracts X X X X X X X X Extracts X X X X ..... re issued in September, 2020, and owing to the belated reply, the authorities have proceeded further, to issue the said show cause notices and it is not clear if the reply submitted was considered or not. A copy of the report of the IO, which contains allegations against the Petitioner, if already not supplied, shall be supplied to the Petitioner within a week from today - In continuation of the reply submitted in June, 2020, a comprehensive detailed reply be filed by Petitioner, in response to all the show cause notices within a period of four weeks, i.e. on or before 5th May, 2021. No further opportunity shall be granted in this regard. Petition disposed off. - W.P.(C) 4063/2021 - - - Dated:- 7-4-2021 - JUSTICE PRATHIBA M. SINGH ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e them a reasonable opportunity of being heard before the Registrar, before issuing show cause notices. In the present case, however, he submits that, though there was some delay initially by the Petitioner in filing the reply to the findings, a reply had been given. However, he submits that the said reply appears to have not been considered by the Registrar, as is clear from the text of the show cause notices that have been issued to the Petitioner on 28 th January 2021. It is further submitted by Mr. Krishnan, ld. Sr. Counsel that the show cause notices had all been issued on the same date and the said notices record that no explanation had been given by the Petitioner. By way of illustration, reliance is placed upon the show cause notic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the Petitioner in June, 2020 has been considered by the ROC while issuing the show-cause notices or not. There is no dispute to the fact that the reply to the preliminary findings was submitted belatedly by the Petitioner, however, considering the nature of allegations and the lockdown which ensued in March, 2020 due to the COVID-19 pandemic, the delay, in filing the reply, would by itself not be a reason to not consider the same, considering that the show cause notices have only been issued after six months having passed from the date of submission of the reply by the Petitioner. Further, in any event, a perusal of section 206(4) of the Companies Act, also shows that the inquiry has to be conducted by the Registrar, after providing the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave been recorded. However, under these circumstances the Petitioner ought to be given a reasonable opportunity of being heard. In the present case, preliminary findings were issued in September, 2020, and owing to the belated reply, the authorities have proceeded further, to issue the said show cause notices and it is not clear if the reply submitted was considered or not. 10. Under these circumstances, in order to ensure that the interest of the Petitioner is properly balanced, and adequate opportunity is afforded to the Petitioner, the following directions are issued: (i) A copy of the report of the IO, which contains allegations against the Petitioner, if already not supplied, shall be supplied to the Petitioner within a week fro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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