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TMI Blog2021 (11) TMI 487X X X X Extracts X X X X X X X X Extracts X X X X ..... e review applicant was not impleaded as a party to the writ petition, there was no opportunity for the said applicant to point out the aforesaid flaw in the order under recall and/or any scope of arguing the question as raised in the review application at the relevant juncture, the portion of the order under recall setting aside the order dated June 24, 2016 is required to be recalled/set aside - Application is allowed, thereby recalling and setting aside the finding that it was beyond the scope of the jurisdiction of the ROC to direct that the documents filed by the directors would not be approved/registered/recorded and thus would not be available in the registry for public viewing and setting aside of the operation of a portion of the or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10, 2012 (Annexure-G at page 55 of the Recall Application), if there is a management dispute in respect of a company, till such dispute is settled, the documents filed by the company and the contesting group of directors will not be approved/registered/recorded and will thus not be available in the registry for public viewing. 3. Hence, it is contended that although the applicant is not aggrieved with the portion of the order under recall whereby the DIN of the writ petitioner was re-activated, the other part of the said order, whereby the operation of the order dated June 24, 2016 passed by the Registrar of Companies holding that till the management dispute was settled, the documents filed by the company and by its contesting groups of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the company is required to mandatorily file the attachment relating to cause of cessation along with Form 32 with the ROC concerned irrespective of the ground of cessation. 7. Clause 3 thereof stipulates that on receipt of complaint, the ROC concerned will examine the same and mark the company as having management dispute . Also, the ROC will issue a letter to the company and the parties to settle the matter amicably or get an order/interim order from a court or tribunal of competent jurisdiction. It further provides that, till such dispute is settled, the documents filed by the company and by the contesting group of directors will not be approved/registered/recorded and, thus, will not be available in the registry for public viewing. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atorily file the attachment relating to cause of cessation along with Form 32 of the ROC concerned, irrespective of the ground of cessation. 11. However, Clause 3 of the Circular still remains in force and restrains the ROC from approving/registering/recording the documents filed by the company and the directors and from making those available in the registry for public viewing if there is an existing management dispute. 12. Although the writ petitioner succeeded in establishing in the writ petition that the deactivation of the DIN due to non-approval of the documents filed by the petitioners was de hors the law, since the writ petitioner was not responsible for such non-approval, no cause of action was made out in the writ petition f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t out the aforesaid flaw in the order under recall and/or any scope of arguing the question as raised in the review application at the relevant juncture, the portion of the order under recall setting aside the order dated June 24, 2016 is required to be recalled/set aside. 16. Accordingly, CAN 1 of 2021 is allowed, thereby recalling and setting aside the finding that it was beyond the scope of the jurisdiction of the ROC to direct that the documents filed by the directors would not be approved/registered/recorded and thus would not be available in the registry for public viewing and setting aside of the operation of a portion of the order dated June 24, 2016 by the ROC, Kolkata. The order dated March 8, 2021 passed in WPA 4347 of 2020 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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