Allahabad High Court
Amit Kumar Srivastava And Another vs Union Of India And Another on 27 January, 2020
Bench: Bala Krishna Narayana, Ravi Nath Tilhari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 4 Case :- WRIT - C No. - 1828 of 2020 Petitioner :- Amit Kumar Srivastava And Another Respondent :- Union Of India And Another Counsel for Petitioner :- Sushil Kumar Mehrotra Counsel for Respondent :- A.S.G.I.,Hridaya Narayan Mishra Hon'ble Bala Krishna Narayana,J.
Hon'ble Ravi Nath Tilhari,J.
Heard learned counsel for the petitioners, learned Additional Solicitor General of India for respondent no. 1 and Sri Hridaya Narayan Mishra, learned counsel appearing for the respondent no. 2.
This writ petition has been filed by the petitioners with the following prayer :
"(i) Issue a writ of mandamus, order or direction commanding the respondents to activate the DSC and Director Identification Number i.e. 02955437 and 06714886 of petitioner nos. 1 and 2 respectively, so that they may be able to file the necessary documents and make good the default under Section 164(2)(a); and/or
(ii) Issue an appropriate, order or direction quash the impugned circulars dated 06.09.2017 and 12.09.2017 issued by the respondent and also the list of disqualified directors uploaded on the website of respondent no. 1 whereby it disqualified several directors across India under Section 164(2)(a) of The Companies Act, 2013; as they are constitutional, irrational, unreasonable and manifestly arbitrary; and/or
(iii) Issue any other writ, order and direction, as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case and in the interest of justice."
Upon perusal of the averments made in the writ petition and the documents appended thereto, it transpires that the petitioners are the Directors of Force Well Security Private Limited, Nand Nagri, Ghaziabad and by the impugned circulars dated 06.09.2017 and 12.09.2017 issued by the respondent no. 2, they have been disqualified along with Directors of several other companies. The name of the petitioners was uploaded on the website of respondent no. 1 (Annexure-6 to the writ petition). The aforesaid action appears to have been taken by the respondent no. 2 in the exercise of his power under Section 164(2)(a) of The Companies Act, 2013.
The action of the respondent no. 2 has been challenged on the ground that the same is unconstitutional, irrational, unreasonable and manifestly arbitrary and without jurisdiction.
Record further shows that the same issue which is involved in the instant writ petition was the subject matter of the bunch of writ petition leading petition whereof was Writ C No. 12498 of 2019 (Jata Shankar Agrahari Vs. Union of India And Another) which were partly allowed by a common judgment and order dated 16.1.2020 passed by another co-ordinate Bench of this Court.
It is contended by the learned counsel for the petitioners that this writ petition may also be disposed of on the same terms and conditions subject to which Writ C No. 12498 of 2019 (Jata Shankar Agrahari Vs. Union of India And Another) and other connected writ petitions were decided.
Sri Hridaya Narayan Mishra, learned counsel appearing for the respondent no. 2 does not dispute the correctness of the submissions made by the learned counsel for the petitioners.
In view of the above, this writ petition is disposed of on the same terms and conditions subject to which Writ C No. 12498 of 2019 (Jata Shankar Agrahari Vs. Union of India And Another) and other connected writ petitions were decided and party allowed by a common judgment and order dated 16.1.2020 passed by another co-ordinate Bench of this Court.
Order Date :- 27.1.2020 SA