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2020 Supreme(Cal) 161

SABYASACHI BHATTACHARYYA
Imraj Ali Molla – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
Manju Agarwalla, Advocate, Bajrang Manot, Advocate, Shiv Chandra Prasad, Advocate

JUDGMENT

Sabyasachi Bhattacharyya, J. - The subject-matter of the writ petitions being common, both are taken up for hearing together.

2. The grievance of the petitioners, as directors of several companies, is that their Directors Identification Numbers (DINs) were deactivated by the impugned action of the respondent no.3, the Registrar of Companies (RoCs) without following the due process of law.

3. It is submitted by learned counsel for the petitioners that although only one of the companies was alleged to have committed default, the DIN of the petitioners was deactivated in respect of the other companies, in which they were directors, as well, which was de hors the law.

4. Moreover, even in respect of the defaulting company, the DIN of the petitioners could not be deactivated without giving an opportunity of hearing to the petitioners on the allegations made against them in respect of each company.

5. The disqualification of the company-in-question took place in the year 2014, that is, prior to the 2018 Amendment of the Companies Act, 2013 (hereinafter referred to as "the 2013 Act") and as such, the provisions of the 2018 Amendment would not be applicable thereto.

6. By relying o

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