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TMI Blog2017 (11) TMI 1908X X X X Extracts X X X X X X X X Extracts X X X X ..... iod of five years i.e. till 31st October, 2021, wherein the name of the petitioner figures, was challenged by the petitioner before the learned single Judge by way of a writ petition being W.P. No. 25916(W) of 2017. The learned single Judge gave direction for filing affidavits, but declined to pass any interim order as prayed for by the writ petitioner. Being aggrieved, the writ petitioner/appellant has preferred the instant appeal. Mr. Saha, learned senior counsel appearing for the writ petitioner/appellant submitted that the petitioner is a Director of various companies including the respondent no.3. The respondent no.3 never functioned since its incorporation. It was incorporated with the object of running a paediatric hospital, but th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... into force. Hence, it can well be given retrospective effect. He further drew our attention to Section 167 (1) of the said Act. He then submitted that he requires some time to obtain instruction in the matter. We have considered the rival contentions of the parties. We are, prima facie, in agreement with the submission of Mr. Saha. For the purposes of interim protection, we are of the view that an arguable case has been made out by the petitioner/appellant. It appears, prima facie, that disqualification under Section 164(2) of the said Act would not prevent the petitioner to continue to act as Director of other companies which are not in default. However, we are not expressing any opinion as to whether or not he will be eligible for re-ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on be filed before the learned single Judge within four weeks from date; reply thereto, if any, be filed by the writ petitioner/appellant within two weeks after reopening of the Court after the ensuing Christmas Vacation. Liberty to mention before the learned single Judge after completion of affidavits. The interim order, passed herein, shall continue until disposal of the writ application by the learned single Judge. We make it clear that the view expressed in this order is purely prima facie in nature and the learned Judge shall be at liberty to decide the writ application without being influenced by any observation made in this order. Since no affidavit has been called for, the allegations contained in the stay petition are deemed no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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