Emery Foods Private Limited And Another v. Union Of India And ORS.

16.08.2023 mb

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 3901 of 2023 Emery Foods Private Limited & Anr.

Vs.

Union of India & Ors.

Mr. Anirban Ray, Mr. Varun Kothari, Mr. Nikunj Berlia, Ms. Saolini Bose ...for the petitioners Mr. Swatarup Banerjee, Mr. S.K. Twribari ...for the State Affidavit-of-service filed in Court today be kept on record.

Learned counsel appearing for the petitioners contends that the petitioners wrote to the Registrar of Companies (R.O.C.), West Bengal for removal of the name of the erstwhile director, that is, the respondent no. 4, from the relevant records.

Certain clarifications were wanted and such particulars were furnished. But, till date, no steps have been taken by the R.O.C. on the same.

Since the present writ petition is not adversarial as such, no affidavits are directed. It is deemed that none of the allegations made in the present writ petition are admitted by any of the respondents.

W.P.A. No. 3901 of 2023 is disposed of by directing the respondent nos. 2 and 3, that is, the Regional Director, Eastern Region, Ministry of Corporate Affairs and the Registrar of Companies, West Bengal, respectively to take appropriate steps on the representation of the petitioners concerning removal of name of the respondent no. 4 as the Director of the petitioner no.1-company from the relevant records, in accordance with law, positively within four weeks from date.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of all necessary formalities.

(Sabyasachi Bhattacharyya, J.)