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Gujarat High Court

Bhavesh Chimanbhai Patel vs Union Of India on 21 September, 2020

Author: A. C. Rao

Bench: A.C. Rao

         C/SCA/11378/2020                                           ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 11378 of 2020

==========================================================
                        BHAVESH CHIMANBHAI PATEL
                                 Versus
                             UNION OF INDIA
==========================================================
Appearance:
KUSHAL A DESAI(9435) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,2
==========================================================

 CORAM: HONOURABLE MR. JUSTICE A.C. RAO

                              Date : 21/09/2020

                                ORAL ORDER

1. Learned advocate for the petitioner submitted that Director Identification Number of the petitioner is suspended by the respondents. It is submitted that the petitioner continues to be the Director in other on-going companies which is not delisted by the ROC. However, on account of delisting of one of the companies, where the petitioner is the Director, the petitioner is unable to perform his statutory duty as director of other companies.

2. It is submitted that the issue involved in the present petition is squarely covered by the order dated 18.12.2018 passed by this Court in Special Civil Application No.22435 of 2017 and allied matters.

3. In view of the aforesaid submission, Rule returnable on 20.10.2020.

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4. Learned advocate for the petitioner states that upon the DIN being reactivated, the petitioner undertakes not to utilize the same in any manner with regard to the Company, which is struck off from the ROC.

5. Pending the petition, the respondents are directed to reactivate and de-feeeze the DIN of the petitioner, subject to final outcome of the petition.

6. Direct service is permitted for the respondent No.2.

Over and above regular mode of service, the respondent No.1 is permitted to be served through speed post and electronic media as well at the cost of the petitioner.

This matter shall be tagged with Special Civil Application No.6701 of 2020 and allied matters.

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