Case Law Details
Shikha Sharma Bagga Vs Union of India and Anr (Delhi high court)
High Court in a Interim order Observed that A perusal of Section 7(1) (b) of the Companies Act, 2013, clearly shows that Advocates can file documents for incorporation of a Company. This would be true even in the case of LLPs. The MCA’s portal is however stated to have no provision made for Advocates who are members of Bar Councils and Bar Councils are not provided as an option in the list of Councils. If this is the position, the same would be discriminatory qua Advocates and would need to be rectified.
FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT
1. This hearing has been done through hybrid mode (physical and virtual hearing).
2. The present petition has been filed challenging the non-providing of a field for Advocates to register companies and LLPs on the current Ministry of Corporate Affairs’ (hereinafter, ‘MCA ’)
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MAY AN ADVOCATE FILE DOCUMENTS FOR INCORPORATION OF COMPANY UNDER SECTION 7 (1)(B) OF COMPANIES ACT ,2013