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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J
Saravanan Jeevananadam – Appellant
Versus
Assistant Registrar Of Companies – Respondent
| Table of Content |
|---|
| 1. summary of alleged violations regarding the companies act, 2013. (Para 2) |
| 2. contentions regarding service of notice and maintainability of prosecution. (Para 4 , 5 , 6) |
| 3. court determination on procedural fairness and necessity of prosecution for defunct entities. (Para 7 , 8 , 9 , 10) |
COMMON ORDER
Crl.O.P.No.11803 of 2023 is filed to quash the proceedings in E.O.CC.No.49 of 2022 passed by the learned Additional Chief Metropolitan Magistrate EO II, Egmore, Chennai.
Crl.O.P.No.11822 of 2023 is filed to quash the proceedings in E.O.CC.No.50 of 2022 passed by the learned Additional Chief Metropolitan Magistrate EO II, Egmore, Chennai.
2. The facts of the case in Crl.O.P.No.11803 of 2023 is that the respondent had filed a complaint in E.O.CC.No.49 of 2022 for the offence punishable u/s 207 (3) of the Companies Act 2013 (hereinafter referred as Act) . It is alleged that an inspection was conducted by the respondent under section 206(5) of the Companies Act, and the petitioners who are the Directors of the company were summoned to be present on 30.09.2019 in connection with the inspection made under 206(5) of the Act. On receipt of the said summons, the Directors failed t
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