TMI Blog2020 (8) TMI 500X X X X Extracts X X X X X X X X Extracts X X X X ..... tailed hearing should be made on exchange of affidavits. Therefore, the respondents are at liberty to file affidavit-inopposition within four weeks from date and serve a copy of the same to the learned advocate for the petitioner. In present set of writ petitions the petitioners have been able to make out an arguable case and balance of convenience and inconvenience is in favour of the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taken by the Registrar of Companies, the Respondent No.2 herein is violating of specific provision contained in Proviso (a) of Section 167(1). Section 167 (1)(a) runs thus:- 167. (1) The office of a director shall become vacant in case- (a) he incurs any of the disqualifications specified in Section 164: [ Provided that where he incurs disqualification under sub-section (2) of Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a director by the Respondent No.1. He also has placed another copy of the order passed by Hon ble Justice Sabyasachi Bhattacharyya in series of writ petitions on 22nd January, 2020 wherein the order of disqualification of the directors on the ground of non-payment of return prior to coming of the above mentioned proviso was quashed. On the same point, as well as to buttress his argument that in ab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to the Supreme Court judgement in the case of Allied Motors Pvt. Limited vs- Commissioner of Income Tax, Delhi reported in (1997) 3SCC 472. On the question whether proviso to Section 167(1) is retrospective or prospective, detailed hearing should be made on exchange of affidavits. Therefore, the respondents are at liberty to file affidavit-inopposition within four weeks from date and serve a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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