Bombay High CourtWP/1904/2022disposed at admission stage

Deepak Chauhan And ANR v. Union Of India Through The Ministry Of Corporate Affairs And ANR

2022-11-22Hon'Ble Shri Justice G.S. Patel,Hon'Ble Justice Sharmila U. Deshmukh2 pages

4-OSWP-1904-22.DOC PatilSR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1904 OF 2022 Deepak Chauhan & Anr

...Petitioners

Versus

Union of India Through Ministry of Corporate Affairs & Anr

...Respondents

Ms Sarrah Khambat, i/b Wadia Gandhy & Co., for the Petitioners. Mr Ashish Mehta, with Komal Bhoir i/b Ethos Legal Alliance and Ajay Pawar for the Respondent Nos. 1 and 2.

CORAM

G.S. Patel & Sharmila U. Deshmukh, JJ.

DATED: 22nd November 2022 PC:- 1.

The complaint of the Petitioners is that their names are not being removed as directors of the company-BUL MSK Infrastructure Private Limited. This company was non-compliant since it did not file its annual reports and there were other defaults. The Petitioners say that they were never active in the day-to-day management of the company. The company received a striking off notice on 21st March 2017. In the meantime, following the process of law, the Petitioners were disqualified to be directors inter alia under section 164 of the Companies Act, 2013. by SACHIN RAMCHANDRA PATIL Date:

2022.11.23 15:15:49 +0530 SACHIN RAMCHANDRA PATIL 22nd November

4-OSWP-1904-22.DOC 2.

The merits are unimportant because the period of disqualification has now ended by passage of time. It is possible for the Petitioner, therefore, to tender their resignations as directors. This will require a certain Form-32 to be submitted. 3.

The additional difÏculty is that the form can be uploaded only by or on behalf of the company itself. In response to this, we are told that the company has been restored to the register and that it is now compliant. Even so, demanding this will create unnecessary and needless complication and perhaps a greater delay. 4.

Accordingly, we direct the Petitioners to submit the necessary form to the 2nd Respondent, the Registrar of Companies, Mumbai RoC will, within 10 days of receipt of these signed forms indicating the Petitioners' resignations as directors, make the necessary arrangements to have the documents and forms uploaded and the names of the petitioners removed as directors of the company. 5.

The Petition is disposed of in these terms. No costs. (Sharmila U. Deshmukh, J) (G. S. Patel, J) 22nd November