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2024 (12) TMI 1188

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..... Dhananjay Sethuraj a/w Vidhi Jain. For the Respondents in WP(L) No. 38559 of 2024: Mr. Jyoti Chavan, Addl. GP. and Mr. Himanshu Takke, For the Rrespondents in WP(L) No. 38561 of 2024. P.C. (PER M.S.SONAK, J.):- 1. Heard learned counsel for the parties. 2. Learned counsel for the parties agree that a common issue of law and fact arises in both these petitions, and therefore, both of these pe .....

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..... end that these show-cause notices have not been disposed of to date. In any event, they have not received any information regarding the disposal of such show-cause notices. 6. Mr Takke and Ms Chavan submit that they have not had time to obtain instructions on the disposal status of show-cause notices. They also submit that the petitioners were given notice of a personal hearing. But they say they .....

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..... e Director of an existing company could be held liable, still, the Director must still be given an opportunity to prove that non-recovery of dues against the company cannot be attributed to gross neglect, misfeasance or breach of duty on his part in relation to the affairs of the said company. 10. In this case, it does appear that the impugned attachment orders and notices have been issued withou .....

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..... tions. It is pointed out that prayer clause (b) is identical in both these petitions. 13. We clarify that we have not quashed the show cause notices dated 23 March 2022; therefore, they should be disposed of in accordance with law. 14. However, the quashing of attachment and other notices will not preclude the respondents from disposing of the show-cause notices in accordance with the law and af .....

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