Re Srei Equipment Finance Limited -And- v. Mr. Shyamalendu Chatterjee And ORS. -v.- The Registrar Of Companies, W. B. And ORS.

OD-1

IN THE HIGH COURT AT CALCUTTA

Original Jurisdiction ORIGINAL SIDE CP/3/2021 IA NO: CA/1/2021 RE :SREI EQUIPMENT FINANCE LIMITED -ANDMR. SHYAMALENDU CHATTERJEE AND ORS.

-VSTHE REGISTRAR OF COMPANIES, W. B. AND ORS.

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 15th December, 2025 Appearance:

Mr. Saptarshi Mandal, Adv.

...for the petitioner.

Mr. Souvik Nandy, Adv.

Mrs. Priti Jain, Adv.

...for the ROC.

The Court: It is fairly submitted on behalf of the petitioner that they do not want to proceed any further with this application and seek liberty to withdraw the same.

In view of the submissions made on behalf of the petitioner, CP/3/2021 stands dismissed as withdrawn. The connected application being CA/1/2021 also stands dismissed.

The Registrar of Companies is represented and submits that in compliance with the order dated 9 December, 2025 despite there being no embargo nor bar nor restraint from further proceeding with the impugned notice dated 12 February, 2021 they have failed to take any steps on the pretext that pendency of this application acts as an automatic bar. This is a plea which is based on an erroneous and misconceived interpretation of the law. On the contrary, in the

absence of any positive order of restraint, the respondent authorities were duty bound to expeditiously conclude and bring the impugned notice to its logical conclusion. It is clarified that in view of the order of dismissal, the Registrar of Companies is directed to act expeditiously and in accordance with law. (RAVI KRISHAN KAPUR, J.) spal