Andhra Pradesh High Court

WP/25612/2020 of SRI KISHORE SUDULAGUNTA Vs THE MINISTRY OF CORPORATE AFFAIRS on 31 December 2020

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U.DURGA PRASAD RAO Writ Petition No.25612 of 2020 ORDER: The petitioner seeks a writ of mandamus declaring the action of respondents in deactivating and disqualifying the DIN No.03108781 of the petitioner as illegal, arbitrary, without jurisdiction and contrary to the provisions of the

HON’BLE SRI JUSTICE U.DURGA PRASAD RAO Writ Petition No.25612 of 2020

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ORDER:

The petitioner seeks a writ of mandamus declaring the action of respondents in deactivating and disqualifying the DIN No.03108781 of the petitioner as illegal, arbitrary, without jurisdiction and contrary to the provisions of the Companies Act, 2013 and Rule 11 of the Companies (Appointment of Directors) Rules, 2014 and for a consequential direction to the respondents to activate the DIN number of the petitioner to enable him to file statutory returns.

2. The petitioner is the Director in M/s. CKS Pharma Labs Private Limited, M/s. Sri Rama Carriers Private Limited and M/s. Surya Pragati Infrastructure Private Limited and was allotted DIN No.03108781, which were struck off from the list of companies by 2[nd]respondent.

3. While so, 1[st] respondent issued notification under Section 164(2)(A) of the Companies Act, 2013 notifying the list of the disqualified Directors wherein the petitioner was shown as disqualified as Director due to non-filing of financial statements and annual returns and consequently his DIN number were deactivated under Rule 11 of the Companies (Appointment of Directors) Rules, 2014.

4. It is inter alia contended that the deactivation of DIN number was done without issuing any prior notice and therefore, it is violative of the principles of natural justice. Due to such deactivation it is impossible for the petitioner to submit the financial statements and annual returns.

Hence, the writ petition.

5. Heard Smt. G.Sumathi, learned counsel for petitioner, and the learned Assistant Solicitor General of India representing the respondents.

6. Both the learned counsel would submit that the subject matter in the present writ petition is covered by the order in W.P.No.17409/2018 & batch dated 11.10.2018.

7. In view of the above submission and following the order in W.P.No.17409/2018 & batch dated 11.10.2018, this writ petition is also disposed of directing the respondents to restore the DIN number of the petitioner, if the companies in respect of which he is disqualified are registered within the State of Andhra Pradesh, so as to enable him to submit the annual returns and financial statements. It is made clear that this order holds good only for active companies. No costs.

As a sequel, interlocutory applications pending, if any, shall stand closed.

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U.DURGA PRASAD RAO, J 31.12.2020 MVA

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