Yogendra Dayabhai Patel And Ors vs The State Of Maharashtra And Anr
2022 Latest Caselaw 13476 Bom

                                                                        16-crwp6313-2019.doc


                      AGK
                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION

                                     WRIT PETITION NO.6313 OF 2019


                      Yogendra Dayabhai Patel & Ors.              ... Petitioners
         Digitally
         signed by
         ATUL
                                 V/s.
                      The State of Maharasthra & Anr.             ... Respondents
ATUL     GANESH
GANESH   KULKARNI
KULKARNI Date:
         2022.12.22
         17:21:28
         +0530




                      Mr. Bhomesh Bellam and Mr. Chintan Y. Shah for the
                      petitioners.
                      Mr. A.R. Patil, APP for respondent no.1/State.
                      Ms. Anita M. Bafna for respondent no.2.



                                                  CORAM : AMIT BORKAR, J.

                                                  DATED     : DECEMBER 22, 2022
                      P.C.:

1. The petitioners are challenging order of issuance of process and confirmation thereof by the revisional Court. According to the petitioners, they are additional non-executive directions of accused no.1/company. In support of the said contention, the petitioners have produced Form DIR-12 issued pursuant to sections 7(1)(c), 168 and 113(2) of the Companies Act, 2013. On perusal of the said form, it appears that the petitioners are additional non- executive directors.

2. In view of the judgment of the Apex Court in Sunita Palita & Ors. v. Panchami Stone Qyarry reported in 2022 SCC OnLine 945 and the judgment in Poona Ravinder Devdasani

16-crwp6313-2019.doc

v. State of Maharashtra & Ors. reported in 2014 (16) SCC 1, the petitioners have made arguable points. Hence, Rule.

3. There shall be interim relief in terms of prayer clause (b) qua the petitioners only till the final disposal of this writ petition.

(AMIT BORKAR, J.)