Kalal Bala Goud v. The Ministry of Corporate Affairs
Court: High Court for State of Telangana
Bench: CHALLA KODANDA RAM
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-12-18. Kalal Bala Goud v. The Ministry of Corporate Affairs. Read the judgment and case details on...
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRIJUSTICE CHALLA KODANDA RAM WRIT PETITION NO: 23232 OF 2020 Between: Kalal Bala Goud, S/o. Ramulu Goud, Aged about 44 years, Occ Business, R/o. H. No. 12-28. Sri Ram Nagar Colony, Near Forest Office, Allipur, Zahirabad, Medak -502318 . ,. PETITIONER AND '1 . The Ministry of Corporate Affairs, A Wing, Shastri Bhawan, Rajendra Prasad Road, New Delhi - 1 10 001, Represented by its Secretary 2. The Registrar of Companies, Telangana. 2nd Floor, Corporate Bhawan, GSI Post, Tattiannaram Nagole, Bandlaguda Hyderabad, Telangana -500 068. ...
RESPONDENTS 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 pass an order or direction or any other proceedings one in the nature of Writ of Mandamus declaring the action of respondents in deactivating the DIN number 03569691 of the petitioner and restricting the petitioner from filing statutory returns, i. e.. the annual returns and financial statements of the companies in which he is a director as arbitrary, illegal, without jurisdiction, contrary of the provisions of the Companies Act. 2013 and Rule 11 of the Companies (Appointment and Qualification of Directors) Rules, 2014. violative of the principles of natural justice besides violating the petitioners rights guaranteed under Article 14 and Article 19 (1) (g) of the Constitution of lndia.
lA NO: 1 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 stay the disabling, of DIN and direct the 1st respondent to restore the DIN number 03569691 of the petitioner so as to enable to submit the annual returns and financial statements of the companies of which he is a director pending disposal of the writ petition. Counsel for the Petitioner : SRI S. CHAKRAPANI Counsel for the Respondents: SRI NAMAVARAPU RAJESHWAR RAO, ASST. SOLICITOR GENERAL The Court made the following: ORDER THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM fiIRIT PETITION No. 23232 of2O2O ORDER: The petitioner challenges his disqualification from Directorship under Section 16aQ) of the Companies Act, 2013, for the alleged default in filing linancial statement/ Annual Returns, and consequently seek restoration of his Director Identification Number (DIN) viz. , 03569691.
Learned counsel for the petitioner submits that the issue raised in the present Writ Petition is squarely covered b1. the common order dated 18. 07. 2019 in W. P. No. 5422 of 2078 and batch I Learned Assistant Solicitor General appearing for the 2"d respondent - Registrar of Companies does not dispute the aforesaid su bm issio n . 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 L64(2Xa) of the Act and deactivation of their DINS, are set aslde, and the 2"d respondent is directed to activate the DINs of the petitioners, enabling them to function as Directots other than in strike off companies. It is made clear that this order wlll not preclude the 2"d respondent from taklng appropriate action in accordance with law for violatlons as envisaged under Section L64l2l ot the Act, gtving the said provision prospective effect from OL. O4.
2OL4 and for necessary action agalnst DIN ir case of violatlons. of Rule 11 of the Rules, It is also made clear that if the petitioners are aggdeved by the action of the respondents in striking off their compauies 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 view of the said Order dated 1g. OT. 2O1g and for the reasons recorded therein, this Writ petition is also allowed in terms thereof. No costs. Miscellaneous Petitions, if any pending, shall stand closed. Sd/. V. SUDHA ASSISTANT REGISTRAR ,TRUE COPY// SECTI OFFICER To, 1. The Secretary, tMinistry of Corporate Affairs, A Wing, Shastri Bhawan, Rajendra Prasad Road, New Delhi - 110 001 . 2. The Registrar of Companies, Telangana. 2nd Floor, Corporate Bhawan, GSI Post, Tattiannaram Nagole, Bandlaguda Hyderabad, Telangana -500 068. 3. One CC to Sri S. Chakrapani, Advocate [OPUC] 4.
One CC to Sri Namavarapu Rajeshwar Rao, Asst. Solicitor General, Advocate toPUcl 5. Two CD Copies sm( ^- HIGH COURT DA'IED:1811212020 ORDER WP. No. 23232 ot 2O20 1HE ( (. ) (' li 24 DECM I z K. _.. -. -. ,, * \i '\:- - ALLOWING THE WP WITHOUT COSTS 6Sr"l )t-z-r^\-\'-*
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