Sri Shameer Ahmed Mohammed v. Union of India
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. Sri Shameer Ahmed Mohammed v. Union of India. Read the judgment and case details on LawSphereX.
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY ,THE EIGHTEENTH DAY OF DECEN/BER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION NO: 23140 OF 2020 Between: 1. Sri ShameerAhmed Mohammed, S/o Sri Mohammed Babumiya, Aged about- 43 years. R/o. 8-1-366/A/69 Tolichowki, Jankinagar Colony. Hyderabad. Telanga na-500008 2. Sri Mohammed Javeed Pasha, S/o Sri late Mohammed Bahu Miya. Aged about- 47 years. R/o. 8-'1-366/4/69 Tolichowki, Jankinagar Colony. Hyderabad. Telangana-500008 . ,. PETITIONERS AND 1. Union of lndia, Represented by its Ir,/inistry of Corporate Affairs. Shastri Bhawan, Dr. Rajender Prasad Road. New Delhi - 1 10001 2. The Registrar of Companies, Telangana 2nd Floor, Corporate Bhawan, Thattiannaram, G. S. l. Post. Bandlaguda. Nagole. Hyderabad 500068 - ..
RESPONDENTS Petition under Arlicle 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 disqualifying the petitioners as a directors and deactivating the 1st petitioner's DIN 027 23432 (Sri Shameer Ahmed Mohammed) and 2nd petitioner DIN 02723845 (Sri l\,4ohammed Javeed Pasha) and restricting the petitioner to incorporate new companies Under Companies Act, 2013 as arbitrary, illegal, without jurisdiction, contrary of the provisions of the Companies Act, 2013 and Rule 1 I of the Companies (Appointment of Directors) Rules, 2014, violative of the principles of natural besides violating the petitioner rights .
iustice guaranteed under Article '14 and Article 19 (1Xg) 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 direct the 1st Respondent to stay the d isq ua lification and restore the petitioner's DIN 02723432 (Sri Shameer Ahmed Mohammed) and 2nd petitioner DIN 02723845 (Sri Mohammed Javeed Pasha) to the petitioners so as to enable the petitioners to incorporate new companies Under Companies Act. 20'13. Counsel for the Petitioner : M/s. ANGOTHU NEHRU 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 WRIT PETITION No.
23140 of 2O2O OBDER: The petitioncrs challcngc their disqualilication lrom Directorship under Section \6aQ) of the Companies Act, 20 13, for the alleged delault in filing financial stateme nt/ Annual Returns, and consequcntl)' seek restor. rtiorl ol their Drrector ldcntification Numbers (DlN) viz. , O2723432 and O2723845 respectively. Learned counsel for the petitioners submits that the issue raised in the present Writ Petition is squarely covered by the common order dated lB. O7. 2Ol9 in W. P. No. 5422 of 2Ol8 and batch. Learned Assistant Solicitor General appearing for the 2nd respondent - Registrar of Companies does not clispute the aforesaid submission. Operativr: portion ol thc ilforcs:r. id order n:ads as undcr: "For the foregoing rcasons, the impugned orders in the writ petitions to the extcnt of disqualifying the petitioners under Section rca? ll?.
l of the Act and deactivatiou 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 L64. 2) ot the Act, giving the said provision prospective effect from OL,O4. 2OL4 and for necessary action against DIN in case of violations of Rule l l 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 vieu of tI-re said Ordcr d:rtcd 18. 07. 2019 and for the reasons recorded therein, this Writ Petition is also allou'ed in terms thereof.
No costs. Miscellaneous Petitions, if any pending, shall stand closed. SD/. B. SATYAVATHI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. Union of lndia, I\,4inistry of Corporate Affairs, Shastri Bhawan. Dr. Rajender Prasad Road. New Delhi - 1 10001 2. The Registrar of Companies, Telangana 2nd Floor, Corporate Bhawan. Thattiannaram. G. S. l. Post. Bandlaguda. Nagole. Hyderabad - 500068 3. One CC to Sri. Angothu Nehru, Advocate IOPUC] 4. One CC to Sri Namavarapu Rajeshwar Rao, Asst. Sollcitor General, Advocate [OPUC] 5. Two CD Copies SM HIGH COURT DATED:18t12t2020 1 HE S iA k \ o oRDER o 3 0 DEC 2m0 6l WP. No. 23140 ot 2O2O * ,Sr)AT a\-1. . ir ALLOWING THE WP WITHOUT COSTS I
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