REGISTRAR OF COMPANIES Vs. HEMAL A KANUGA

JUDGEMENT

(1.) THIS group of Appeals have been preferred by the Registrar of Companies, Gujarat State under Section 483 of the Companies Act, 1956 (hereinafter referred to as "the Act") against the judgment and order dated 11th January, 2008 passed by the learned Company Judge pending the above Company Petitions No. 4/2008 to 18/2008.

(2.) BY impugned order, the learned Company Judge has rejected the preliminary objection raised by the appellant against the grant of ad-interim relief in exercise of power conferred by Sub-section (2) of Section 633 of the Act and has, pending the Company Petitions, confirmed the ad-interim relief.

(3.) SUBJECT matter of dispute are the show-cause notices dated 28th November, 2007 issued upon the respondent Company, its Managing Director, Directors, Company Secretary, etc. for alleged violation of Section 303 (1) of the Act. The respondents, the Company, its Managing Director, Directors, Company Secretary, etc. , feeling apprehensive of the criminal prosecution and imminent arrest, have filed the above Company Petitions under Section 633 (2) of the Act. According to the respondents, they have always acted honestly and reasonably. Each respondent, therefore, be excused of any criminal liability and be relieved of the alleged default complained of by the Registrar of Companies. The learned Company Judge has entertained the Company Petitions. Pending the Company Petitions, the respondents were granted ad-interim relief which has since been confirmed by the impugned judgment and order dated 11th January, 2008.