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2021 Supreme(Ker) 417

N.NAGARESH
Zacharia Maramkandathil Mohan – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : NAVOD PRASANNAN PATTALI, SRI.K.V.KRISHNAKUMAR
For the Respondent: SRI.T.V.VINU, SRI.P.VIJAYAKUMAR, ASGI

JUDGMENT :

In all these writ petitions, the challenge is against Sections 164(2)(a) and 167(1)(a) of the Companies Act, 2013 and the disqualification thrust upon the petitioners for acting as Directors of Companies, pursuant to Sections 164 and 167. Common questions of law arise for consideration in all these writ petitions and hence the writ petitions are heard together and disposed of by a common judgment.

2. The Companies Act, 1956 was enacted with the objective to consolidate and amend the law relating to the companies and certain other associations. The said Act has been in force for about fifty-five years and was amended several times. In view of changes in the national and international economic environment and expansion and growth of economy, the Central Government decided to repeal the Companies Act, 1956 and enact a new legislation to provide for new provisions to meet the changed national and international economic environment and further accelerate the expansion and growth of economy. And for this purpose, the Companies Bill, 2009 was introduced on 3rd August, 2009 in the Lok Sabha. The said Bill was referred to the Parliamentary Standing Committee on Finance for examinat

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