Allowed

Dahisar Traders Pvt. Ltd. and Anr. v. I N Chinnachamy

Calcutta HC23 Mar 2023CRA/59/2021

Case brief

AI extract

What is this about?

The High Court at Calcutta in this criminal appeal set aside the substantive sentence of one month imposed on the appellant after deposits were made in favor of the Ministry of Corporate Affairs. Consequently, no further fine or sentence was required. The department was directed to return lower court records and communicate the order.

What did the court decide?

Set aside the substantive sentence of one month imposed on the appellant (Sujit Dutta Roy); no further fine or sentence required; direct the department to return lower court records; Dispose of the ap

Dahisar Traders Pvt. Ltd. and Anr. Vs I N Chinnachamy — Company and Corporate | Calcutta HC (2023)

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Form No.J(1)

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IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION

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Present:

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The Hon’ble Justice Tirthankar Ghosh

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C.R.A 59 of 2021

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Dahisar Traders Private Limited & Anr.

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versus

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I . N. Chinnachamy, Deputy Registrar of Companies, West Bengal

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For the Appellants : Mr. Ayan Bhattacharyya, Mr. Zohaib Rauf Ms. Ritu Das For the State : Mr. S, S. Imam., Mr. S. Kundu. For the ROC : Mr. Dhiraj Kumar Tribedi(DSGI) Mr. B. K. Singh Mr. S. Gupta Ms. Swapna Jha Heard On : 10.02.2023, 14.03.2023 & 23.03.2023. Judgement On : 23.03.2023.

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Tirthankar Ghosh, J. :

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Report so submitted by the Registrar of Companies, West Bengal

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through the learned advocate for the ROC be kept with the record.

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Report reflects that the sum of Rs.50,000/- and Rs.25,000/which by way of demand draft were deposited in favour of Pay and

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Account Officer, Ministry of Corporate Affairs, Kolkata vide Demand Draft No. 767773 and Demand Draft No. 767774 dated 10^th March, 2023 have been enclosed.

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In view of the aforesaid amount being deposited, the substantive sentence of 1 month imposed upon the appellant no. 2, Sujit Dutta Roy is set aside.

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So far as the fine amount are concerned, the same being deposited there is no further requirement of the appellants to pay either any fine or suffer any sentence.

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The sentence, if any, is reduced to already which has been undergone.

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With the aforesaid observations, CRA 59 of 2021 is disposed of. Pending application, if any, is consequently disposed of.

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Department is directed to send back the lower court records immediately and communicate this order to the concerned court.

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All parties shall act on the server copy of this judgement duly downloaded from the official website of this Court.

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Urgent photostat certified copy of this judgement, if applied for, be given to the parties upon compliance with all requisite formalities.

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(Tirthankar Ghosh, J.)