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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 ..... R 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 Mumbai &Anr. Vs. Shailendrajit Charanjit Rai &Anr. and submit that no interim relief be granted, we are of the considered view that the order passed by the Supreme Court is with regard to a final judg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re was default in submitting returns which were statutorily required to be filed with the Registrar of Companies with regard to the affairs of the Company in question, for a continuous period of three financial years. 5. The writ petition inter alia seeks quashing of the said notices dated 6th September, 2017 and 12th September, 2017. 6. The matter however does not rest here. Apart from the disq ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpanies Act, 2013 especially given the fact that the consequences of the respondents' action are in the nature of a penalty upon the petitioners as well as the companies concerned. In this regard, reliance has been placed on behalf of the petitioners 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... register of companies cannot be sustained for this reason as well. 10. On behalf of the respondents, Mr. Siddharth Khatana, Adv. Disputes all these submissions made on behalf of the petitioners. It is submitted, upon instructions from the Registrar of Companies, that notices under Section 248(1) have been sent to the Companies and the directors. 11. It cannot be denied that the issues raised in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... other writ petitions have raised identical questions of law and for this reason, are required to be heard together. 16. 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 two weeks from today. The full details of the issuance and service of the notice(s) shall be placed on record with cop ..... X X X X Extracts X X X X X X X X Extracts X X X X
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