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TMI Blog2019 (1) TMI 1957X X X X Extracts X X X X X X X X Extracts X X X X ..... on behalf of the respondents - Till the next date of hearing, there shall be a stay of the notices dated 6thSeptember, 2017 and 12th September, 2017 whereby the petitioners were declared disqualified as Director under Section 164(2)(a) of the Companies Act, 2013. List on 4th February, 2019. - W.P.(C) 95/2019 & CM. No. 538/2019 - - - Dated:- 8-1-2019 - HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO For the Appellant : Ms. Sonika Sharma, Adv. For the Respondent : Mr. Siddharth Khatana, Adv. ORDER 1. Even though, learned counsel for the respondents invites our attention to the orders passed by the Supreme Court in SLP (C) No.18603-18703/2018 in the case of Registrar of Companies Maharashtra M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exercise of power under Section 248(1) of the Companies Act, 2013, the Registrar of Companies has additionally struck off the name of the said company from the Register of Companies. 7. The writ petitioners have raised several questions of fact and law challenging these acts and orders of the Registrar of Companies. Inter alia, it has been contended that the action of the Registrar of Companies in disqualifying the petitioners under Section 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. 8. A challenge has also been laid to the retrospective application of provisions of the Companies Act, 2013 especially give ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the directors. 11. It cannot be denied that the issues raised in this writ petition require adjudication and are of grave importance so far as the working of the spirit, intendment and object of the Companies Act, 2013, more specifically the manner in which the respondents would operate Sections 164 and 248 of the enactment. 12. Issue notice to the respondents. Mr. Siddharth Khatana, Adv., accepts notice on behalf of the respondents. 13. Till the next date of hearing, there shall be a stay of the notices dated 6thSeptember, 2017 and 12th September, 2017 whereby the petitioners were declared disqualified as Director under Section 164(2)(a) of the Companies Act, 2013. 14. The DIN numbers as well as digital signatures of the p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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