Calcutta High Court (Appellete Side)
Insilco Agents Limited & Ors vs Registrar Of Companies & Ors on 2 September, 2021
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
02.09.2021.
Item No. 140.
Court No.13
ap W.P.A. No. 11677 of 2021
With
I.A. No. CAN 1 of 2021
And
I.A. No. CAN 2 of 2021
(Through Video Conference)
Insilco Agents Limited & Ors.
Versus
Registrar of Companies & Ors.
Mr. Anirban Ray,
Mr. Rajshree Datta,
Mr. Sankarsan Sarkar,
Mr. Shwetaank Nigam.
...For the petitioners.
Mr. Shaunak Mitra,
Mr. Paritosh Sinha,
Mr. Saubhik Chowdhury,
Mr. Dripto Majumdar,
Mr. Ayusmita Sinha
...For the Vindhya Telelinks Limited.
Mr. Ranjan Bachawat, ld. Sr. Advocate,
Mr. Sayan Roy Chowdhury,
Mr. Sarvapriya Mukherjee,
Mr. Satyaki Mukherjee,
Mr. Paritosh Sinha,
Mr. Saubhik Chowdhury,
Mr. Dipto Majumdar,
Ms. Ayusmita Sinha.
...For the Intervenors.
Mr. Phiroze Edulji,
Mr. Avinash Kankarni.
...For the Union of India.
Having heard learned Counsel for the
petitioners, this Court adjourns the matter for further
consideration on 6th September, 2021 at 11:00 A.M.
This Court is of the view that the petitioners in
the three writ petitions must first demonstrate the
source of authority or the power of the Ministry of
2
Corporate Affairs to issue the Circular dated 10th
February, 2012.
The provisions of any law or Rule conferring
power on the MCA to empower or authorize the
Registrar of Companies to declare a Company as
having a "management dispute", which appears to be
an adjudicatory power, must also be clarified.
These shall be treated as preliminary issues
apart from the question of territorial jurisdiction
already raised by the Counsel for the respondents.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
(Rajasekhar Mantha, J.)