Allahabad High Court
Vinod Kumar Gupta vs The Union Of India And ... on 27 January, 2021
Bench: Mahesh Chandra Tripathi, Sanjay Kumar Pachori
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 21 Case :- WRIT - C No. - 25199 of 2020 Petitioner :- Vinod Kumar Gupta Respondent :- The Union Of India And Anothera0382/2019 Counsel for Petitioner :- Anurup Dutta Counsel for Respondent :- A.S.G.I. Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the parties.
In this writ petition, petitioner is Director of Company and has been disqualified under Section 164(2) of Companies Act, 2013 (hereinafter referred to as "Act, 2013") and also declared to have suffered consequences of such disqualification under Section 167(1) of Act, 2013. Petitioner has also challenged list of Registrar of Companies (hereinafter referred to as "ROC") declaring petitioners as disqualified for a period of five years to be Director of Companies.
Learned counsel for parties, at the outset, admitted that issues raised in the present writ petition has already been adjudicated by this Court in a bunch of writ petitions led by Civil Misc. Writ Petition No. 12498 of 2019, Jai Shankar Agrahari vs. Union of India and another, decided on 16.01.2020. Operative part of judgment reads as under:
"83. We accordingly allow writ petitions partly. We also quash the list published by ROC, declaring petitioners in all these writ petitions as disqualified to be Directors of companies and debarment of being Director for a period of five years.
84. ROC, now, shall be at liberty to give a notice to petitioners to verify and establish the facts whether disqualification alleged to have been suffered by petitioners-Directors so as to attract Section 164 (2) of Act, 2013, actually exist or not. After giving them opportunity and being satisfied that such disqualification has occurred, it will proceed further in accordance with law."
We have also gone through the record and above judgment, and find that issues raised in the present writ petition are squarely covered by the aforesaid judgment.
For the reasons given in judgment dated 16.01.2020 in Jai Shankar Agrahari (supra) and in the same terms and directions, the present writ petition is partly allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.1.2021 SP/