Vijaya Kumar Venkata Vemuri vs. Union Of India
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Order Issued After Hearing
Purpose:
Admission (Central Govt.)
Before:
Hon'ble U.Durga Prasad Rao
Listed On:
28 Apr 2021
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Order Text
HON'BLE SRI JUSTICE U.DURGA PRASAD RAO
Writ Petition No.9008 of 2021
ORDER:
The petitioner seeks a writ of mandamus declaring the action of respondents in deactivating and disqualifying the DIN No.03313216 of the petitioner as illegal, arbitrary, without jurisdiction and contrary to the provisions of the Companies Act, 2013 and Rule 11 of the Companies (Appointment and Qualification of Directors) Rules, 2014 and for a consequential direction to the respondents to activate the DIN number of the petitioner to enable him to file statutory returns.
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The petitioner is the Director in Auctus (India) Infra Private Limited and was allotted DIN No.03313216, which was struck of from the list of companies by 2nd respondent.
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While so, 1st respondent issued notification under Section 164(2)(A) of the Companies Act, 2013 notifying the list of the disqualified Directors wherein the petitioner was shown as disqualified as Director for the period from 01.11.2016 to 31.10.2021 due to non-filing of annual returns and financial statements for the financial years of 2013-14, 2014-15 & 2015-16 and consequently his DIN number was deactivated under Rule 11 of the Companies (Appointment and Qualification of Directors) Rules, 2014.
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It is inter alia contended that the deactivation of DIN number was done without issuing any prior notice and therefore, it is violative
of the principles of natural justice. Due to such deactivation it is impossible for the petitioner to submit the financial statements and annual returns.
Hence, the writ petition.
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Heard Sri C.R.Kalyan, learned counsel for petitioner, and the learned Assistant Solicitor General of India representing the respondents.
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Both the learned counsel would submit that the subject matter in the present writ petition is covered by the order in W.P.No.17409/2018 & batch dated 11.10.2018.
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In view of the above submission and following the order in W.P.No.17409/2018 & batch dated 11.10.2018, this writ petition is also disposed of directing the respondents to restore the DIN number of the petitioner, if the companies in respect of which he is disqualified are registered within the State of Andhra Pradesh, so as to enable him to submit the annual returns and financial statements. It is made clear that this order holds good only for active companies. No costs.
As a sequel, interlocutory applications pending, if any, shall stand closed.
_________________________ U.DURGA PRASAD RAO, J
28.04.2021 MVA