Petitioner challenged disqualification bar preventing filing of annual return/financial statements. Disqualification expired. Court directed respondent to allow filing upon submission of this order with petition.
Petitioner directed to present annual return and financial statement along with this order; opposite party no.2 to act in accordance with law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.32720 Of 2021 (Through hybrid mode)
Lalit Narayan Das
…. Petitioner
Mr. N.R. Mohanty, Advocate
-versus-
Union of India and others
…. Opposite Parties
Mr. P.K. Parhi, Asst. Solicitor General (O.P.1) Mr. Debasis Tripathy, Advocate for (O.P.2)
CORAM: JUSTICE ARINDAM SINHA
Order No.
2.
ORDER 11.11.2021
1. Mr. Mohanty, learned advocate appears on behalf of petitioner. He submits, his client has challenged disqualification of his directorship. Disqualification period was from 1st November, 2016 till 31st October, 2021. Even thereafter, when his client’s wanted to file annual return and financial statement, he was not allowed to do so by opposite party no.2. Mr. Parhi, learned advocate, Asst. Solicitor General appears on behalf of opposite party no.1. Mr. Tripathy, learned advocate appears on behalf of opposite party no.2 and submits, this is a fresh cause.
2. It is true that order of disqualification has expired on 31st October, 2021. It is also true that Court can mould the relief. Petitioner will present the annual return and financial statement along with copy of this order to opposite party no.2. Said opposite party no.2 will act in accordance with law, with regard to the presentation.
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3. The writ petition is disposed of.
(Arindam Sinha)
Judge
Sks
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3 issues framed by the court
Whether the petitioner, whose disqualification period had expired, should be permitted to present annual return and financial statements.
Whether the said Government respondent is directed to act in accordance with law for the said presentation.
Whether this fresh cause of action warrants allowance of the writ petition.
Lalit Narayan Das
Union of India
Arindam Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
