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2011 Supreme(Ori) 538

L.MOHAPATRA
PRADIP KUMAR KHAITAN – Appellant
Versus
REGISTRAR OF COMPANIES, ORISSA. – Respondent


Advocates Appeared:
A.k. Parija, S.P. Sarangi, B.C. Mohanty, P.P. Mohanty, D.K. Das, P.K. Dash, R.K. Tripathy, A. Kanungo and A. Pattnaik, for the Appellant; Saswata Patnaik Central Government Counsel, for the Respondent

JUDGMENT :

L. Mohapatra, J. - This application has been filed u/s 633(2) of the Companies Act, 1956. Petitioner No.1 is the Chairman of OCL India Limited (hereinafter referred to as "Company") and petitioner Nos.2 to 7 are its Directors. Petitioner No.8 is the Company Secretary of the Company and Petitioner No.9 is the whole time Director and CEO of the Company.

The facts leading to filing of this petition are that during September/October 2007, the Assistant Director (Inspection) conducted inspection of books of accounts and records of the Companies u/s 209-A of the Act by the orders of the Regional Director, Ministry of Company Affairs. After completion of inspection, by letter dated 19.3.2008, the Assistant Director (Inspection) alleged violation of certain provisions of the Companies Act and sought for explanations/ clarifications from the Company. Annexure-1 is the letter written to the Company indicating the alleged contraventions of the provisions contained in the Act. Fifteen instances of contraventions of different provisions of the Act have been indicated in the said letter. The Company submitted its explanation/clarification in response to the said letter but the ROC, Cutt





































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