HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original risdiction)
J u MONDAY, THE EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO: 2634 OF 2021 Between:
Sri Ravindra Dodda, S/o Sri Dodda Linga l\,4urthy, Aged about. 47 years, R/o 1-89/13, Doctors Colony, Guttala Begumpet, lr,4adhapur, Shaikpet, Hyderabad, Telangana state -
500081 .,.PETITION ER AND
1. Union of lndia, Represented by its lVinistry of Corporate Affalrs, Shastri Bhawan, Dr. Rajender Prasad Road, New Delhi - 10001.
1
2. The R6gistrar of Companies, Telangana State, 2nd Floor, Corporate Bhawan, GSI Post, Tattiannaram Nagole, Bandlaguda, Hyderabad 500 068....RESpONDENTS Petition under A(icle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order or direction or any other proceedings one in the nature of Writ of Mandamus declaring the action of respondents in deactivating the petitloner Director ldentification Number 02614662(Sri Ravindra Dodda) and restricting the petitioners from filing statutory returns, i.e., the annual returns and financial statements of the Companies in which they are Directors as arbitrary, illegal, without jurisdiction' contrary of the provisions of the Companies Act, 2013 and Rule 11 of the Companies (Appointment of Directors) Rules, 2014, violative of the principles of natural lustice besides violating the petitioners'rights guaranteed underArticle 14 and Article l9 (1)
(g) of the Constitution of lndia lA NO: 1 OF 2021 Petition under section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the 1st Respondent to restore the the petitioner Director ldentification Number (DlN) 02614662(Sri Ravindra Dodda) so as to enable him to submit pending annual returns and financial statements for the Company in which he is appointed as director Counsel for the Petitioner: SRI ANGOTHU NEHRU Counsel for the Respondents: SRI NAMAVARAPU RAJESHWAR RAO ASSISTANT SOLICITOR GENERAL The Court made the following: ORDER THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.2634 of 2O2t //
ORDER:
This writ petition is being disposed of at the admission stage with the consent of learned counsel for the respective parties.
This writ petition is filed seeking the lollowing relief:
",... to pass an order or direction or any other proceedings one in the nature of Writ ol Mandamus declaring the action of respondents in deactilating the petitioner Drrector Identification Number 02614662 (Sri Ravindra Dodda) and restricring the petitioner from filing statutory returns i.e. the Annual Returns and Financial Statements of the Companies in which they are Directors, as arbitrary, illegal, without jurisdiction, contrary of the provisions of the Companies Act 2013 and Rule I I of the Companies Appointment of Directors Rules, 2014, violative of the principles of natural justice, besides violating the petitioners rights guaranteed under Article 14 and Article 19 (1)(g) of the Constitution of India and pass such other order or orders ......"
The petitioner challenges his disqualification from Directorship under Section l6ae) oi the Companies Acr, 2013, for the allegeci clefault in filing Financial Statement/ An n ual Returns, and consequentl,y seel<
restoration of his Director ldentification Number (DINI No.
02611662 L_
l W l'\.1614 ol'l0l Learned counsel for the petitioner submits that the issue raised in the present Writ Petition is squarely covered by the common order dated L8.07.2019 in W.p.No,5422 of
2018 and batch.
Learned Standing Counsel for the 2"d respondent -
Registrar of Companies does not dispute the aforesaid submission.
Operative portion of the aforesaid order reads as under:
"For the foregoing reasons, the impugned orders in the writ petitions to the extent of disqualifying the petitioners under Section l6aQ)@l of the Act and deactivation of their DINs, are set aside, and the 2'a respondent is directed to activate the DlNs of the petitioners, enabling them to function as Directors other rhan in srrike off companies.
It is made clear that this order r,,,,ill not preclude the
2"a respondent from taking appropriate action in accordance wtth law for violations as envisaged under Section 164(2) of the Act, giving the said provision prospective effect from Ol.O4.2Ol4 and for necessary action against DIN in case of violations of Rule 1 I of the Rules.
It is also made clear that if the petitioners are aggrieved by the action of the respondents in striking off their compalies under Section 248 of the Act, they are at liberty to avail alternative remedy under Section 252 of lhe Act.
r\ll the writ petitions are accordinglr, allor,",ed to t1.re extent indicated a bole. "
In view of the said order dated 18'07 2Ol9 and for the reasons recorded therein, this Writ Petition is also allowed in terms thereof. No order as to costs.
Pending miscellaneous petitions, if any, sha1l stand closed.
SD/. N.CHANDRA SEKHAR RAO ASSISTANT REGISTRAR COPY/, n-."
//TRUE SECTION OFFICER To 1 The t\,4inistrv of Corporate Affairs, Union of lndia' Shastri Bhawan' Dr' Rajender
2 TP hra es a Rd e gR iso td rad r, oN fe Cw o D me pl ah ni r- e 1 s1 ' 0 i"0 "0 i'1 ngun' State' ,2nd Floor' Corporate Bhawan tilgbr", B'"nar'guda, Hvderabad 500 068 GSI Post. Tattiannaram ? :t"i} );i'H;ttx"#"-t"":xx''''' n' so Ge ne ra I to P u c]
313 33 3ii ft "'''or ' Irli,,!?,ff1;E'.opv ot the order dated 18/07/201e in wP No 5422 or 2018 and batch)
Kj HIGH COURT DATED:0810212021 ORDER WP.No.2634 of 2021 1rtE SIA o 1 6 rEB 2021 i t),1 l.:. i -..
ALLOWING THE WRIT PETITON WITHOUT COSTS. ,*i'd ea, ai\
n (" 2\ oe THE HON'BLE SRI ]USTICE A.RA]ASHEKER REDDY W,P.NO',5422, 72184, L352O, 73743. 13455, 74166. 24051. 30993.
AND 40953 0F 201a, 5547, 5582,5669, 56a7, 5785, 6047.6087, 6140, 64A4. 6753, 6A5A, 69s8. 6981., 700L, 7008, 70L4, 7046. 7069, 7073. 7LOs. 7432. 7454. 7572. 7595. 7732. 7765. 7768. 7824. 7978, 8111. 8223. 8586. 8590. 9333. 9340. 9381. 9468. 9563. 9584. 9623.
9726.9737. lOO58, LOO99, Lt20A, 1L223, L1239, L1263, LLAAg.
LL99L. t2()LA. L2036. 12040. 12069, r2tOA. 12144. t2LA6. 12194. L220(). 12209
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