Calcutta High Court (Appellete Side)
Dhiraj Kumar Mantri vs Union Of India And Others on 3 December, 2019
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S/L. 41.
December 3, 2019.
MNS.
W. P. No. 22071 (W) of 2019
Dhiraj Kumar Mantri
Vs.
Union of India and others
Mr. Saptarshi Banerjee,
Mr. A. K. Upadhyay,
Mr. Somesh Ghosh
... for the petitioner.
Mr. Subhankar Chakraborty,
Mr. Saptarshi Bhattacharjee
...for the Registrar of Companies.
Affidavit-of-service filed in Court today be taken on record.
The grievance of the petitioner is that the petitioner's Director Identification Number
(DIN) was de-activated by the respondent no. 2, on the ground of certain defaults
allegedly made by the petitioner in respect of a particular company.
It is argued on behalf of the petitioner that, even if such default was committed, which is disputed by the petitioner, the directorship of the petitioner could not be cancelled in respect of the DIN in respect of other companies, with regard to which there was no complaints of any default having been committed.
Learned counsel for the petitioner cites an unreported order of this Court dated November 22, 2019 passed in W. P. No. 21504(W) of 2019 (Chetan Chikhani Vs. Union of India and others), where in a similar case, it was held by this Court that Rule 14 of the Companies (Appointment and Qualification of Directors) Rules, 2014 pertains, on the face 2 of it, to the company at default and not to other companies and as such, it cannot be mandatory for the director-in-question to comply with the provisions thereof in respect of all other companies of which he/she is a director but which are not at fault, but in respect of the defaulting company only.
In view of the ratio laid down in the said unreported order, the petitioner has made out sufficient prima facie case for passing an interim order protecting the petitioner.
Accordingly, there shall be stay of operation of the publication dated November 1, 2017, pertaining to the de-activation of the present petitioner only, in respect of other companies than the company in respect of which the petitioner has allegedly defaulted, till disposal of the writ petition.
The respondents shall file their affidavit(s)-in-opposition within a fortnight from date. Reply/replies, if any, to be filed by the petitioner within January 7, 2020.
Let the matter appear for hearing on January 14, 2020, along with W. P. No. 21504(W) of 2019.
(Sabyasachi Bhattacharyya, J.) 3