Mohammed Zaheeruddin v. Union Of India
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY ,THE TWENTY NINTH DAY OF DECEIVBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION NO: 24095 OF 2020 Between:
1. lvlohammed Zaheeruddin, S/o. Mohammed Nazeeruddin Age 50 Years, Occupation. Business. Fl/o. 12-26, Asif Nagar HYDERABAD' Telangana - 500028
2. Mohahmed Khaleel Salahuddin, S/o Mohammed Nazeeruddin Age 51 Years, Occupation Business, No. 12-2-836, ASIF NAGAR HYDERABAD - 500028
3. Mohammed Nayeemuddin, S/o Mohammed Nazeemuddin. Age 45 Years, Occupation Busmcss, Rs/e. 12-2-836 lvlehdipatnam Humayan Nagar HYDERABAD - 5ooo28 ..PETtrtoNERS AND Union of lndia, Rep by its Secretary, Ministry of Corporate Affairs, Shastry Bhavan, Dr Rajendra Prasad l\,4arg, New Delhi The Registrar, bffice of Registrar bf Companies. ROC, 2nd Floor, Corporate Bhavan, Near Central Water Board, GST Post' Bandlaguda, Nagole, Hyderabad - 500068 ...RES'.NDENTS Petition under Article 226 ol lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any appropriate writ, order or direction more particularly in the nature of a writ of tr.
{andamus declaring the action of the Respondents in disqualifying the Petitioners invoking section t 6a(2) (a) as arbitrary, illegal, contrary to the principles of natural justice, in violation of the provisions of the Companies Act, 2013 and in contravention of the rights guaranteed under Article 14 and Article 19 (l) of the Constitution of lndia and consequently direct the Respondents to restore the DIN Nos. 03503848, 03504256, and 03523544 of the Petitioners.
lA NO: 1 OF 2020 petition under Section 151 CPC praying thai in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondents to restore the DlNs of the Petitioners DIN Nos, 03503848, 03504256 and 03523544 so as to enable the Petitioners to file the requisite forms with the tt/CA portal, wherein the Petitioners can act as Directors pending disposal of the Writ Petition.
Counsel for the Petitioner : SMT. VANGA ANITA Counsel for the Respondents: SRI NAMAVARAPU RAJESHWAR RAO' ASST. SOLICITOR GENERAL The Court made the following: ORDER
f THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 24095 of 2020 ORDER:
The pctitioners challenge their di squaiification from Dircctorship under Section 164(2) ol rhe Companies Act, 2O 13, ior thc iLllegcd dclirult in liling itnancilll stiltemc-nt/Annual Rctr_rrns, and conscqucr)tlv scek rcsloration ol thcir Direclor ldentillcation Numbers (DlN) vrz., 03503848, 03504256 and 03523:r44 respcctiveh'.
Learned counsel for the petitioners submits that the issue raised in the present Writ Petition is squarely covered by the common order dated 18.02.2019 in W.p.No.5422 of 2Olg and batch.
Learned Assistant Solicitor General appearing for the 2na respondent - Registrar of Companies does not dispute the aforesaid submission.
Operative portion ol the aforesaid order reads as under "For the foregoing reasons, the impugned orders in the writ petitions to the extent of disqualifying the petitioners under Section 16412)lal of the Act and deactivation of their DINS, are set aside, and the 2"d respondent is dirccted to activate the DINs of the petitioners, euabling them to function as Directors other than in strike off companies.
It is made clear that this order will not preclude the 2"d respondent from taking appropriate action in accordance with law for violations as envisaged under Section 16412l of the Act, giving the said provision prospective effect from O1.O4.2O74 and for necessary action against DIN in case of violations of Rule 11 of the Rules.
It is also rnade clear that if the petitioners are aggrieved by the action of the respondents in striking off their companies under Section 248 of the Act, they are at
l liberty to avail alternative remedy under Section 252 of the Act.
All the writ petitions are accordiogly allowed to the extent indicated above"'
ln vier',' of the said Order dated 18 07 2019 and lor the reasons recorded therein, this Writ Petition rs also allou'ed it'r terms thereof. No co sts '
Miscellan eous Petitions, if any pending' shall stand closed' SD/.K.
GIS ASSISTANT OFFTCER //TRUE COPY// SECTI '";i?l*::*'**u,*3.fl illd=,y,'filkd;-;""."'#:::'J::':]::''
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HIGH COURT DA1ED2sl1212020 ra S /\(
ORDER
.)oo 0 i JAN 2021 z WP.No.24095 ol 2020 * PAJ * i) 6q ALLOWING THE WP WTTHOUT COSTS