Madhya Pradesh High Court
Smt Poonam Shrivastava vs Union Of India on 20 July, 2021
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
WP No. 12638/2021
( Smt. Poonam Shrivastava & another Vs The State of
M.P.& others)
(1)
Heard through video conferencing.
Gwalior, dated :20/07/2021
Shri Praveen Surange, learned counsel for the petitioners.
Shri Praveen Newaskar, learned Assistant Solicitor General
for the respondent- Union of India.
IA No. 8451/2021, an application for urgent hearing is allowed.
Issue notice to the respondents on payment of process fee within three working days, failing which this petition shall stand dismissed without further reference to this Court.
Petitioners have challenged their disqualification to function as a Director of a private limited company for a period of five years i.e. 01.11.2016 to 30.10.2021. The matters involving similar issue and praying for similar relief raising similar grounds have been entertained not only by this Court but also by Punjab and Haryana and other High Courts. Three such petitions are W.P. No. 21734/2017, W.P.No.7773/2018 and W.P.No.28618/18 in which by interim orders dated 2/2/18, 6/4/18 and 1/2/19 respectively similar disqualification has been stayed.
Learned Assistant Solicitor General appearing for the respondent No.1/Union of India does not dispute that the aforesaid cases are pending in the Punjab and Haryana High Court and W.P. No.28618/2018 of similar nature is pending in this Court and has not yet been decided.
HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR WP No. 12638/2021 ( Smt. Poonam Shrivastava & another Vs The State of M.P.& others) (2) Accordingly, following the principle of parity, this Court, as an interim measure, directs that the effect and operation of Annexure P/1, so far as it relates to the petitioners, by which they have been disqualified and their DIN has been deactivated, shall remain stayed till next date of hearing.
The issues pertaining to maintainability of this petition, availability of alternative remedy under the Companies Act, delayed approach to this Court and forum conveniens shall remain open for being argued at the time of final hearing.
List this case alongwith other similar matters i.e. W.P. No.28618/18, W. P. No. 7409/19, W.P. No. 7412/19, W.P. No. 8608/19, W. P. No.10118/19, W.P. No. 10117/19, W.P. No. 8554/19, W.P. No. 10387/19, W.P. No. 10389/19, W.P. No. 10513/19, W.P. No.10514/19, W.P. No.10515/19,1541/2020, W.P.No.12557/2019 and WP No. 7853/2018.
Certified copy/E-copy as per rules.
(S.A.Dharmadhikari) Judge Prachi* PRACHI MISHRA 2021.07.21 21:55:34 +05'30'