Vishnu Dutt Gupta v. Union Of India

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 27119 of 2019 O R D E R:

This writ petition is filed for the following relief: ".....to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the order of the 2nd Respondent dated 14/09/2017 uploaded in the website of the 1st Respondent in so far as the Petitioners is concerned (SI.Nos. 20995 and 20996 in the Notification) as illegal, arbitrary, violative of Principles of Natural Justice, contrary to the Articles 14 and 19 (1)(g) of the Constitution of India and provisions of the Companies Act, 2013 and consequentially direct the Respondents herein not to treat the Petitioners as 'disqualified director' under Section 164 of the Companies Act, 2013 and to allow the Petitioners to continue as director in other Company by unlocking the DIN Numbers 02018449 and 02116661 of the Petitioners respectively and permit the Petitioners to be continued as Directors / get reappointed or appointed as Directors of any Company without any hindrance ....."

When the matter is taken up, it is submitted by the learned counsel for the petitioners that the issue raised in the present Writ Petition is squarely covered by the common order dated 18.07.2019 passed by this Court in W.P.No.5422 of 2018 and batch. Learned Standing Counsel for the Registrar of Companies (For the State of Telangana) appearing for respondent No.2 does not dispute the aforesaid submission.

Operative portion of 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 164(2)(a) of the Act and deactivation of their DINs, are set aside, and the 2nd 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 2nd respondent from taking appropriate action in accordance with law for violations as envisaged under Section 164(2) of the Act, giving the said provision prospective effect from 01.04.2014 and for necessary action against DIN in case of violations of Rule 11 of the Rules.

It is also made 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 liberty to avail alternative remedy under Section 252 of the Act.

All the writ petitions are accordingly allowed to the extent indicated above."

In those circumstances, following the above said common order and for the reasons recorded therein, this Writ Petition is also allowed in terms thereof.

Miscellaneous Petitions, if any pending, shall stand disposed of. There shall be no order as to costs.

_________________________ CHALLA KODANDA RAM, J Dt:26.12.2019 kdl