Advocates:
['TANMAY MISHRA', '', 'S S PARIDA', 'S DAS']

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ORISSA HIGH COURT : C U T T A C K

W.P.(C) NO.9502 OF 2022

With

W.P.(C) NO.12872 OF 2022

In the matter of Applications under Articles 226 & 227 of the Constitution of India.

In WP(C) NO.9502 OF 2022

Rajesh Kumar Agarwal & ors.

:

Petitioners

-Versus-

Regional Director (E),

Ministry of Corporate Affairs,

Kolkata & ors.

:

Opp.Parties

In WP(C) NO.12872 OF 2022

Kapil Singhal

:

Petitioner

-Versus-

Regional Director (E),

Ministry of Corporate Affairs,

Kolkata & ors.

:

Opp.Parties

In both Writ Petitions

For Petitioner s

:

M/s.M.K.Mishra, Sr.Adv.,

T.Mishra, S.Das & S.S.Parida

For O.Ps.

:

Mr.P.K.Parhi, ASGI

& Mr.P.P.Behera, CGC

CORAM :

JUSTICE BISWANATH RATH

Date of hearing : 13.07.2022 & Date of Judgment : 25.07.2022

1.

Both the Writ Petitions involve the following prayer :-

“It is, therefore, humbly prayed that this Hon’ble Court

may graciously be pleased to issue Rule Nisi calling upon the

A F R

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Opp. Parties to show cause and upon perusal of causes shown if

any or upon insufficient causes shown make the said rule

absolute by quashing the Look Out Circular issued against the

Petitioner.

And may pass any appropriate order/orders as deemed

just, fit and proper.

And may pass such other order/orders as deemed just and

proper…”

2.

For the grounds of challenge, even though independent persons

involved but for the common nature of grounds involving both the Writ

Petitions and common argument advanced by both side Counsel, on

consent of the Parties, both the matters are taken up together and decided

in one common judgment.

3.

For substantial materials available in W.P.(C) No.9502/2022, this

case is taken up as a lead case.

4.

Facts, as borne in the lead case, are Petitioner No.1 is the

Managing Director of M/s.Utkal Galvanizers Ltd., Petitioner No.2 is the

former Director, Petitioner No.3 is one of the Directors of the Company

and Petitioner No.4 is the CFO of the Company. It is necessary to bring

here that the sole Petitioner involving W.P.(C) No.12872 of 2022 is also

one of the Directors of the Company, M/s.Utkal Galvanizers Ltd. As

disclosed, O.P.2, the ROC-cum-OL, Odisha forwarded a complaint on

21.10.2020 made by one Bangla Informer through email dated 5.11.2020.

The Petitioners denied the contents in the complaint in their email

response dated 9.11.2020. Complaint and several email responses are

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available at Annexure-1 series. While the matter stood thus, almost after a

gap of five months, O.P.2 on 13.4.2021 issued a letter to M/s.Utkal

Galvanizer Ltd. disclosing therein that there has to be an inspection of the

Company under Section 206(5) of the Companies Act, 2013 under the

direction of the Ministry of Corporate Affairs, Government of India, vide

Annexure-2. It is claimed, the Company cooperated with the O.Ps. in the

entire process of inspection even presented therein as and when there is

asking for personal appearance of any of them. There has been

appearance of the persons so directed even the Company has also

submitted written response to the queries raised by the O.Ps., vide

Annexure-3 series. Through the pleading, it is claimed, looking to the

whole correspondences as of now, there is no complain on the

involvement of either of the persons in any offence under the penal

provision of law. It is further claimed, while the matter stood thus, the

Company Secretary of the Company, M/s.Utkal Galvanizer Ltd.,

Ms.Shaama Bano was prevented from travelling abroad at New Delhi

International Airport by the Immigration Authorities. She was verbally

informed by the Authorities that there was issuing of Look Out Circular

(LOC) against all the key managerial personnel pending inspection of the

Records and