Naveen Poswal v. Registrar Of Companies, West Bengal And ANR.

M/L 41 07.07.2025 Court No.14 PRADIP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 16495 of 2024 Shri Naveen Poswal Vs.

Registrar of Companies, West Bengal & Anr.

Mr. Diptomoy Talukder Mr. Triptimoy Talukder Mr. Abhijit Tarafdar Mr. Abir Bhattacharya ...for the Petitioner.

Ms. Tanushree Das Guha ...for the Respondent no.2.

1. Affidavit of service filed in Court today is taken on record.

2. The petitioner's representation before the Registrar of Companies seeking deletion of his name from the list of Directors of Upahar Agro Industries Limited is pending consideration.

3. A show cause notice was issued to the petitioner on 15th February, 2024 followed by a further notice dated 20th February, 2024. The petitioner was directed to reply within twelve days from the date of the letter. The petitioner submitted his reply though at a belated point of time.

4. The said representation of the petitioner is pending consideration till date.

5. The specific stand of the petitioner is that he was never a Director in the Company he was merely an employee. The subject Company has gone into liquidation.

6. None represents the Registrar of Companies. In the absence of the Registrar of Companies, the Court is not in a position to decide the issue conclusively.

7. Without entering into the merits of the matter at this stage, the instant writ petition is disposed of by directing the Registrar of Companies to consider and decide the issue through the Deputy Registrar of Companies.

8. Steps shall be taken in the matter at the earliest but positively within a period of four weeks from the date of communication of this order.

9. A reasoned order shall be passed and communicated to the petitioner immediately thereafter.

10. If any opportunity of hearing is required to be given, the same shall be provided to the petitioner.

11. The writ petition stands disposed of.

12. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Amrita Sinha, J.)