Gautam Datta vs Union Of India & Ors
2021 Latest Caselaw 112 Cal

08.01.2021 SL No.13 Court No.12 (gc) WPA 7034 of 2020 With CAN 1 of 2020

Gautam Datta Vs.

Union of India & Ors.

(Via Video Conference)

Ms. Manju Bhutoria, Mr. Jishnu Choudhury, Mr. A.K. Updhyay, Mr. Saptarshi Banerjee, Ms. Sahana Mukherjee, ...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

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.)