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$-14 HIGH COURT OF DELHI Decidedon 17^'*September,2019
W.P.(C)7318/2019
FEDERATON OF CHARTERED ACCOUNTANTS ASSOCIATION Petitioner
Through: Mr. Raghav Cumber, Proxy counsel
Through: Ms. Maninder Acharya, ASG with Mr. Amit Mahajan,CGSC
^nd Mr. Dhruv Pande, Adv.for UOt^ Mr. Ramji Srinivasan, Sr.
Advocate with Ms. Pooja M.
Saigal, Mr. Akshay Gupta, Ms. . ' Sylona Mohapatra and Mr. vAmiTKumar Yadav, Advs. for respondent no.3
HON'BLE MR.JUSTICE/C.HARISHANKAR
17.09.2019 D.N.PATEL.CHIEF JUSTICE(ORAL)
W.P.lCl 7318/2019
ORDER
1. This writ petition has been preferred with the following prayers:- WP(C)7318/2019 Page 1 of[3] 2019:DHC:7384-DB "(a) Issue an appropriate writ to declare Section 132 (2) &Section 132 (4) of the Companies Act, 2013 as unconstitutional and void, in violation of Articles 14, 19(l)(g) and 21 ofthe Constitution of India, andstrike itdown assuch; (b) Issue a Writ of Mandamus restraining the Respondent Nos. 1 and 2 from notifying, implementing and/or taking any steps/action under the provisions ofSection 132 ofthe Companies Act, r-) 2013;
(c) Issue a Writ of Mandamus restraining the
Respondent Nos. 1 and 2from notifying any Rules under the provisions of Sectidh 132 of the Companies Act, 2013; (d)Pass any such other orfurther order(s) as this Hon'ble Court mayfeelffyand,pw in thefacts andcircumstancesofthe casef V ■
2. Having heard counsel for both the sides and looking to the facts and circumstances of the case, it appears that the provisions of r ) Section 132(4) ofthe Companies^Acts;which are under challenge in this writ petition, have now been amended. At this stage, we see no reason to entertain this writ petition. New provisions have been pointed out by the counsel for the respondent-Union ofIndia, which is made effectivefrom 15"^ August,2019.
3. Section 132(4)(1)(B) has been amended under the Companies Act,2019. However,liberty is reserved with the petitioner as well as to Respondent No. 3 to challenge the provisions of the Companies if- WP(C)7318/2019 Page 2of[3] Act with proper averments, allegations and annexures before the appropriate Forum/Court in accordance with law.
4. With these observations,this writpetition is hereby disposed of. CM APPL.30489/2019-Stav "r In view of the order passed in W.P.(C) 7318/2019, this civil miscellaneous application is disposed of.
SEPTEMBER 17,2019 r.bararia CHIEF JUSTICE SHANKAR