Ascu Arch Timber Protection Limited And ... vs Office Of The Registrar Of Companies And ...
2024 Latest Caselaw 3057 Cal/2

Calcutta High Court

Ascu Arch Timber Protection Limited And ... vs Office Of The Registrar Of Companies And ... on 1 October, 2024

Author: Shampa Sarkar

Bench: Shampa Sarkar

OD-11

                      IN THE HIGH COURT AT CALCUTTA
                     CONSTITUTIONAL WRIT JURISDICTION
                               ORIGINAL SIDE

                             WPO/847/2024
             ASCU ARCH TIMBER PROTECTION LIMITED 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.Dhiraj Trivedi, DSG,
                                          Mr. Avinash Kankani, 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.