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TMI Blog2018 (7) TMI 2195X X X X Extracts X X X X X X X X Extracts X X X X ..... the enactment - Issue notice to the respondents. Mr. Ashim Sood, CGSC accepts notice on behalf of the respondents. Till the next date of hearing, there shall be a stay of the notices dated 6th September, 2017 and 12th September, 2017 whereby the petitioner was declared disqualified as Director under Section 164(2)(a) of the Companies Act, 2013. 13. The DIN numbers as well as digital signatures of the petitioner shall be forthwith revived. List on 24th July, 2018. - W.P.(C) 7367/2018 & CM Nos.28170-71/2018 - - - Dated:- 18-7-2018 - C. HARI SHANKAR, J. Petitioners: Mr. Praveen K. Mittal, Adv Respondents: Mr. Ashim Sood, CGSC with Mr. Aditya Kumar, Adv ORDER 1. This writ petition has been filed by person who is the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 164(2)(a) as well as the striking off the name of the company under Section 248 of the Companies Act, 2013 are both in gross violation of the principles of natural justice. 7. A challenge has also been laid to the retrospective application of provisions of the Companies Act, 2013 especially given the fact that the consequences of the respondents action are in the nature of a penalty upon the petitioner as well as the companies concerned. In this regard, reliance has been placed on behalf of the petitioner on the pronouncements of the Constitution Bench of the Supreme Court reported at (2015) 1 SCC 1 Commissioner of Income Tax (Central)-I, New Delhi v. Vatika Township Pvt. Ltd. and another pronouncement reported at (2018) SCC OnLine S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xt date of hearing, there shall be a stay of the notices dated 6th September, 2017 and 12th September, 2017 whereby the petitioner was declared disqualified as Director under Section 164(2)(a) of the Companies Act, 2013. 13. The DIN numbers as well as digital signatures of the petitioner shall be forthwith revived. 14. It also cannot be denied that so far as the legal submissions are concerned, several other writ petitions have raised identical questions of law and for this reason, are required to be heard together. 15. We, therefore, direct that an individual counter affidavit dealing with the factual averments in this writ petition shall be filed separately within a period of three days. The full details of the issuance and service ..... X X X X Extracts X X X X X X X X Extracts X X X X
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