Paresh Gordhandas Thakkar And ANR v. The Registrar Of Companies, Maharashtra Mumbai And ANR

902 wp 1995 of 2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1995 OF 2018 Paresh Gordhandas Thakkar and Anr.

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Petitioners versus The Registrar of Companies and Anr.

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Respondents Mr. Vijay Vaghela, for Petitioner.

Mr. Aditya Thakkar with Mr. Ashish Mehta, Mr. Mohit Sahani I/by Mr. Ashish Mehta, for Respondent Nos.1 and 2.

Mr. Anil Yadav, Deputy Registrar, Registrar of Companies, present. CORAM: AKIL KURESHI & S.J. KATHAWALLA, JJ.

DATE: 13 th JUNE, 2019 P.C.:

1.

The Petitioners are the directors of the Company - R.R.Cable Network Pvt. Ltd. (the said Company), and are also serving as Directors in various other companies. On 7 th February, 2017 the second Respondent through the first Respondent published a notice along with a list of disqualified directors under Section 164(2)(a) of the Companies Act, 2013 for non filing of the annual returns by the said company for the years 2014, 2015 and 2016. This action of disqualification is impugned by the Petitioner in the above Writ Petition.

2.

The Petitioners have stated in the Writ Petition that Rule 14(5) of the Companies (Appointment and Qualification of Director) Rules, 2014 provides that an Application through Form DIR-10 may be made to Respondent No.1, seeking removal SSP 1/2

902 wp 1995 of 2018.doc of disqualification, however, in the absence of the Director Identification Number (DIN), they are unable to avail of this remedy. 3.

The learned Counsel for ROC on instructions from Mr. Anil Yadav, Deputy Registrar of Companies states that if an Application by way of Form DIR-10 is filed by the Petitioners in the ROC Office at Mumbai, the same shall be accepted by them and forwarded to the competent authority for consideration. The statement is accepted and the following order is passed :

(i) The Petitioners shall file an Application through Form DIR-10 with the Office of ROC, Mumbai within two weeks from today. (ii)The Office of the ROC, Mumbai shall accept the said Application and forward the same to the competent authority.

(iii)The competent authority shall endeavour to dispose off the said Application within a period of four weeks from the date of its receipt. (iv)In view of the above order, the Writ Petition is disposed of. (v) All concerned to act on an ordinary copy of this order duly authenticated by the Private Secretary of this Court. ( S.J.KATHAWALLA, J. ) ( AKIL KURESHI, J. ) SSP 2/2