Hemanta Sharma And Others vs The Registrar Of Companies
2023 Latest Caselaw 1947 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  COA No.1 of 2023
                                (Through Hybrid mode)

            Hemanta Sharma and others                ....                  Appellants

                                                            Mr. R. Behera, Advocate

                                          -versus-
            The Registrar of Companies, Orissa ....                       Respondent

                                                               Mr. P. K. Parhi, DSG
                                                          Mr. P. P. Behera, Advocate

            CORAM:
            JUSTICE ARINDAM SINHA
            JUSTICE SANJAY KUMAR MISHRA
                                    ORDER

03.03.2023

COA No.1 of 2023 and I.A. no.1 of 2023 Order No.

01. 1. Mr. Behera, learned advocate appears on behalf of

appellants. He submits, impugned is judgment dated 1st February,

2023, passed by the Court of Additional Chief Judicial Magistrate

(Special Court)-cum-Assistant Sessions Judge, Cuttack. He submits,

under clause (b) in sub-clause(1) of section 149, Companies Act,

2013, second proviso requires the company to have at least one

woman director. Such a director could not be appointed in the period

because the company's licence to do business stood revoked.

// 2 //

Subsequent thereto there was requirement by the Registrar of

Companies (RoC) to appoint further directors, which is why there

were appointments. The judgment is erroneous. He submits, the

appeal be admitted and interim protection of stay of realization of

penalty be directed.

2. Mr. Parhi, learned advocate, Dy. Solicitor General appears

on behalf of Union of India along with Mr. Behera, learned advocate,

Central Government Counsel. Mr. Parhi waives formal notice of

appeal on assurance by Mr. Behera that extra copy or appeal papers

will be served to the office.

3. The appeal is admitted. The direction for realizing the

penalties be stayed till disposal. The I.A. is disposed of.

4. Mr. Parhi prays for listing after 15th April, 2023 for hearing

and disposal.

5. List on 17th April, 2023. Registry to call for the LCR in the

meantime.

( Arindam Sinha ) Judge

( S. K. Mishra ) Judge Prasant