Andhra Pradesh High Court - Amravati
Nagesh Anumalisetty vs Union Of India And Another on 30 January, 2020
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition Nos.2647, 2653, 4926, 7367, 7392, 7460, 7491,
7614, 7626, 8208, 8228, 8479, 9026, 9676, 10988, 11042,
11043, 11131, 11540, 11544, 11722, 11790, 11809, 12824,
13025, 13058, 13065, 13561, 13575, 16834,
18499 and 18587 of 2019.
Common Order:
Since the issue involved in all these Writ Petitions is common in nature, they are being disposed of by this common order.
These Writ Petitions are filed to permit the petitioners as Directors of the Companies and/or to get appointed or reappointed as Directors of any Company without any interference.
The case of the petitioners is that they are the promotor directors of the respective Companies and were allotted directors identification numbers; the petitioners are acting as directors in few other companies; the second respondent - Registrar of Companies is the regulatory/statutory authority under Section 2(75) of the Companies Act, 2013 (for short 'the Act'), who registered the Companies and discharging various functions under the Act; questioning the action of the second respondent in deactivating the DIN numbers of the petitioners, the present Writ Petitions are filed.
This Court, while ordering notice before admission, granted interim stay of the proceedings disabling the DIN numbers of the petitioners and further directed the Registrar of Companies to restore the DIN numbers of the petitioners pending disposal of the Writ Petitions, so as to enable them to submit annual returns and financial statements of the active companies in which they are Directors and it was also made clear in the said order that the said order holds good only for active companies. 2
When the matters came up for hearing, learned counsel for the petitioners as well as Sri B. Krishna Mohan, learned Assistant Solicitor General of India appearing for the respondents, submitted that in similar facts and circumstances, the High Court of Judicature for the State of Telangana and for the State of Andhra Pradesh disposed of batch of Writ Petitions in W.P.Nos.17409 of 2018 and batch making the interim orders passed in the said Writ Petitions as final orders and they both agreed for disposal of the present Writ Petitions in terms of the interim orders.
In view of the same, following the orders passed in W.P.Nos.17409 of 2018 and batch, dated 11.10.2018, these Writ Petitions are also disposed of directing the respondents to restore the DIN numbers of the petitioners, if the companies in which the petitioners are disqualified are registered within the State of Andhra Pradesh, so as to enable them to submit annual returns and financial statements of the active companies in which they are directors. It is also made clear that this order holds good only for active companies.
All the Writ Petitions are, accordingly, disposed of. There shall be no order as to costs.
As a sequel thereto, the miscellaneous petitions, if any, pending in these Writ Petitions shall stand closed.
_____________________________ KONGARA VIJAYA LAKSHMI, J.
Date:30.01.2020 Nsr 3 THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI Writ Petition Nos.2647, 2653, 4926, 7367, 7392, 7460, 7491, 7614, 7626, 8208, 8228, 8479, 9026, 9676, 10988, 11042, 11043, 11131, 11540, 11544, 11722, 11790, 11809, 12824, 13025, 13058, 13065, 13561, 13575, 16834, 18499 and 18587 of 2019.
Date:30.01.2020 Nsr