Citation : 2019 Latest Caselaw 5159 ALL
Judgement Date : 29 May, 2019
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 29 Case :- WRIT - C No. - 18766 of 2019 Petitioner :- Sushma Ambardar Respondent :- Union Of India And Another Counsel for Petitioner :- Sandeep Arora Counsel for Respondent :- A.S.G.I. Hon'ble Pankaj Mithal,J.
Hon'ble Prakash Padia,J.
Heard Sri Sandeep Arora, learned counsel for the petitioner, Ms. Neeru Devi has accepted notice on behalf of respondents.
The petitioner is a Director of a company "Seamless Health Staffing Solutions Private Ltd. He is also Director of some other companies. On account of default in submitting returns in relation to the above company his Director identification Number "DIN" has been deactivated.
The arguement is that the "DIN" cannot be deactivated as it renders the petitioner unable to perform his functions as Director of other companies.
The petitioner has drawn our attention to an order passed by this Court in similar Writ C No.3751 of 2019, Kanchan Sharma Vs. Union of India and another, wherein in similar circumstances, the following interim order has been passed:-
"In the meanwhile, the Director Identification Number (hereinafter referred to as DIN) and the Digital Signature Certificate (hereinafter referred to as DSC) of the petitioners be activated as an interim measure provided the petitioner furnishes an undertaking to the Registrar of Companies, Kanpur that the DIN as well as DSC shall be utilized only for the active companies."
Learned counsel for the respondents is directed to file counter affidavit within six weeks. Two weeks' thereafter is allowed to the learned counsel for the petitioner to file rejoinder affidavit.
List for admission/final disposal immediately on the expiry of the above period along-with the record of Writ Petition No.12498 of 2019.
Having regard to the above facts of the case and the above interim order, the benefit of the said interim order as extracted above is extended to the petitioner also in the same terms.
Order Date :- 29.5.2019
Pramod Tripathi
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