Abdul Asad Mohammed And Another v. Union Of India And Another
This judgment came from a scanned document and its text layer is unreliable — words may be garbled. Check the original PDF before relying on any passage.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original J u risdiction) TUESDAY ,THE TWENTY NINTH DAY OF DECEIMBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION NO: 24090 OF 2020 Betwee n:
1. Abdul Asad lVohammed, S/o, Abdul Khadeer [\,4ohammed Age 43 Years, Occupation. Business,- R/o. HNO. 16-11-31216, 1 FLOOR Zareena Plaza, lVloosaram Bagh, Malakpet HYDERABAD, Telangana - 500036
2. Younus Mohammed Khan, S/o. lr/ohd lbrahim Khan Age. 51 Years, Occupation. Business, R/o. H.NO. 6-52, Teachers Colony, Marlu Road, l\,4ahaboobnagar - 509002 ...PETITIONERS AND Union of lndia, Rep by its Secretary, Ir/inistry of Corporate Affairs, Shastry Bhavan, Dr. Rajendra Prasad lt/arg, New Delhi, The Registrar, Office of Registrar of Companies, ROC, 2nd Floor, Corporate Bhavan, Near Central Water Board, GST Post, Bandlaguda, Nagole, Hvderabad - 500068 ...RES''NDENTS 1.
2.
Petition under Article 226 of the 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 [t4andamus declaring the action of the Respondents in disqualifying the Petitioners invoking Section 164(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 I 9 (1) of the Constitution of lndia and consequently direct the Respondents to restore the DIN No's.02678143 and 02696470 of the petitioners.
lA NO: 'l OF 2020 Petition under Section 151 CPC praying that 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 DINS of the Petitioners DIN Nos. 02678143 & 02696470 so as to enable the Petitioners to file the requisite forms with the N/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 at the stage of admission made the following: ORDER
THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 24O9O of 2o20 ORDER:
The petitioners challenge their disqualilication from Directorship under Section 164(2) of the Companies Act, 2013, for the alleged default in filing financial statement/ Annuai Returns, ar.rcl consequentlv seek re sl.oration of their Director lder-rtificatiOn Nun'rbcrs (DlN) viz., 026781.I3 and 0269647O respecrivcly. Learned counsel for the petitioners submits that the issue raised in the present Writ Petition is squarely covered by the common order dated 18.07.2019 in W.p.No.5422 of 2OlB and, batch.
Learned Assistant Solicitor General appearing for the 2"d respondent - Registrar of Companies does not dispute the aforesarcl su bmission.
Opcrative portior-t o1'the aloresaid order reacls as unclcr "For the foregoing reasons, the impugned orders in the writ petitions to the extent of disqualifying the petitioners under Section L6aQ)@) of the Act and deactivation of their DINs, are set aside, and the 2"d respondent is directed to activate the DINs of the petitioners, enabling 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.O4.2O14 and for necessary action against DIN in case of violations ofRule ll ofthe Rules.
It is also made clear that if the petitioners are aggrieved by the action of the respondents in striking off theit companies under Section 248 of the Act, they are at
) liberty to avail altetnative remedy under Section 252 of the Act.
All the writ petitions are accordingly allowed to the extent indicated above. "
ln vie\v of the said Order dale d 18.07.2019 arrd [or thc reasons recorded therein, this Wril Pctition is also allou'ed in lcrms thereol. No co sts Miscellaneous Petitions, if any pending, sha1l sland closed I ASSrsrAir?if:fliERlil ,TRUE COPY/I ,- "
SECTION OFFICER To, The Secretary, Ministry of Corporate Affairs, Union of lndia, Shastry Bhavan, Dr. Rajendra Prasad [t4arg, New Delhi, Ihe Regislrar, _Office of Registrar of Companies, ROC, 2nd Floor, Corporate Bhavan, Near Central Water Board, GST Post, Bandlaguda, Nagole, Hyderabad - 500068.
One CC to Smt. Vanga Anita, Advocate IOPUC] One CC to Sri Namavarapu Rajeshwar Rao, Asst. Solicitor General, Advocate toPUCl Two CD Copies 5.
SM t*,
HIGH COURT DATED:.2911212O20 HE STAI€ 'r'
zo -h -k 0 I IAN 2021 e oo
ORDER
WP.No.24090 of 2020 ALLOWING THE WP WITHOUT COSTS t\y 1,\