Calcutta High Court (Appellete Side)
Gautam Mehra vs Union Of India & Ors on 8 January, 2021
08.01.2021 SL No.10.
Court No.12 (gc) WPA 22790 of 2019 With CAN 1 of 2020 (Old No: CAN 4396 of 2020) Gautam Mehra Vs. Union of India & Ors.
(Via Video Conference) Mr. Jishnu Choudhury, Mr. Syed Nurul Arefin, Ms. Rima Das, Ms. Saswati Chatterjee, ...for the Petitioner.
Mr. Y.J. Dastoor, Ld. A.S.G., Mr. Sunil Singhania, Mr. Avinash Kankani, ...for the U.O.I. This matter is placed before us in terms of the direction by Justice Sanjib Banerjee by the Authority of the Hon'ble the Chief Justice on 22nd December, 2020 in view of the difference of opinion of the two learned Single Judges in relation to the interpretation of Sections 164 and 167 of the Companies Act, 2013.
Justice Debangsu Basak in deciding WPA 22790 of 2019 (Gautam Mehra Vs.Union of India & Ors.) noticed the conflicting views expressed by Coordinate Benches, one of which, namely, Sourajit Ghosh Vs. Union of India & Ors. was decided by one of us (Soumen Sen, J.) on 30th July, 2020.
In view of the fact that one of us has expressed an opinion which apparently is in conflict with the views 2 expressed in two judgments of Coordinate Benches it would not be proper on our part to hear the matter.
On such consideration, the matter is released from our list and shall be placed before the Hon'ble the Chief Justice for appropriate direction. (Saugata Bhattacharyya, J.) (Soumen Sen, J.)