Calcutta High Court (Appellete Side)
Amit Saraogi vs Union Of India & Ors on 30 August, 2018
Author: Tapabrata Chakraborty
Bench: Tapabrata Chakraborty
1
30.08.18
Item No.256
ad
W.P No. 14837 (W) of 2018
Amit Saraogi
- Versus -
Union of India & Ors.
Mr. K.K Thakar,
Mr. Chayan Gupta,
Mr. A.K Upadhyay
... For the petitioner
Mr. S. Chakraborty
... For the respondent nos.1 to 3
Affidavit-of-service filed by the petitioner be kept on record. The present writ petition has been preferred challenging inter alia a list published by the Registrar of the Companies naming the directors of the companies who have attracted disqualification under Section 164(2)(a) of the Companies Act, 2013.
The learned advocate appearing for the petitioner submits that Section 164(2) of the said Act of 2013 came into operation with effect from 1st April, 2014 and hence the same cannot be made applicable for any period prior thereto and as such, the direction to disqualify the petitioner with effect from the financial year 2013-14 is not sustainable.
Mr. Chakraborty, learned advocate appearing for the respondent nos.1, 2 and 3 submits that an identical issue was considered by the Hon'ble High Court, Bombay in a group of writ petitions and an order was passed in the same on 22nd March, 2018. Against the said order Special Leave Petitions were preferred by the Registrar of Companies, Maharashtra, Bombay and in 2 the same the Hon'ble Supreme Court has stayed the operation of the order passed by the Hon'ble High Court.
Upon hearing the learned advocates appearing for the respective parties and upon considering the materials on record, I am of the opinion that the matter needs to be decided upon exchange of affidavits.
Accordingly, the respondents are directed to file their affidavit-in- opposition within four weeks from date. Reply thereto, if any, be filed within two weeks thereafter.
The parties would be at liberty to mention the matter for final hearing after expiry of the period as specified above towards exchange of affidavits.
(Tapabrata Chakraborty, J.)