Calcutta High Court
Kusum Industrial Gases Ltd. And Ors vs Office Of The Registrar Of Companies And ... on 1 October, 2024
Author: Shampa Sarkar
Bench: Shampa Sarkar
OD-12
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
ORIGINAL SIDE
WPO/848/2024
KUSUM INDUSTRIAL GASES LTD. AND ORS
VS
OFFICE OF THE REGISTRAR OF COMPANIES AND ANR
BEFORE :
HON'BLE JUSTICE SHAMPA SARKAR
DATED : 1st October, 2024.
Appearance :-
Ms. Urmila Chakraborty, Adv.
Ms. Sabarni Mukherjee, Adv.
Mr. Shubham Raj, Adv. ...for petitioners.
Mr. Moti Sagar Tiwari, Adv.
Mrs. Priti Jain, Adv. ...for respondents.
The Court :- Heard the matter. For further hearing, list the matter on 7th November, 2024.
The Deputy Solicitor General is requested to come back with instruction on the judgment of a Coordinate Bench cited by Ms. Chakraborty. Ms. Chakraborty will come back after consideration of the judgment of the Hon'ble Supreme Court in this regard, on that date.
The prayer for interim order is turned down at this stage on the ground that the statute provides a mandate upon the Company to comply with certain requirements of law. The penalty has been imposed on the basis of the calculation provided in the statute itself. Prima facie, there does not appear to be any scope for consideration of the unfortunate circumstances of the petitioners leading to their inability to pay the amount. The issue is whether the misfortune of the company could be a ground for reduction of the penal amount in view of Section 203(5) of the Companies Act, 2013.
Affidavit of service filed in court today be taken on record.
(SHAMPA SARKAR, J.) pkd.