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2020 Supreme(All) 677

SUDHIR AGARWAL
Jai Shankar Agrahari – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Anshul Kumar Singhal,Chandan Agarwal Counsel
For the Respondent: Sanjay Kumar Yadav, Prashant Singh Som, Sanjay Kumar Yadav, Neeru

JUDGMENT :

Sudhir Agarwal, J.

1. In all these writ petitions, petitioners were Directors of various Companies and have been declared disqualified to continue as Directors of all the Companies in which they were Directors, under Section 164 (2) of Companies Act, 2013 (hereinafter referred to as “Act, 2013”), for a period of five years. Petitioners, therefore, have challenged declaration made by Registrar of Companies, U.P., Kanpur (hereinafter referred to as “ROC”) publishing notice of such disqualification of petitioners specifying the period of five years and in most cases it is from 01.11.2016 to 31.10.2021 while in some cases period of five years varies but total period of disqualification is five years. Petitioners have prayed for quashing of aforesaid declaration made by ROC. They have also sought a mandamus directing respondents to reactivate petitioners' Director Identification Number (hereinafter referred to as 'DIN') and restore their names on the Roll of Directors.

2. The issues raised in all these writ petitions are common and facts are also similar, hence as agreed by learn

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