Allahabad High Court
Sanjeev Kumar And Another vs Union Of India And Another on 17 May, 2022
Bench: Vivek Kumar Birla, Vikas Budhwar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 40
Case :- WRIT - C No. - 8766 of 2022
Petitioner :- Sanjeev Kumar And Another
Respondent :- Union Of India And Another
Counsel for Petitioner :- Deepak Maurya,Udai Chandani
Counsel for Respondent :- A.S.G.I.,Ravi Prakash Singh
Hon'ble Vivek Kumar Birla,J.
Hon'ble Vikas Budhwar,J.
Heard Sri Deepak Maurya, learned counsel for the petitioners and Sri Ravi Prakash Singh has accepted notice on behalf of the respondent no. 1.
Present petition has been filed with the following prayer:-
"I) Issue a writ, order or direction in the nature of certiorari for quashing/set-aside the disqualification of the petitioners from 01.12.2017 to 30.11.2022 by the respondent no.1.
II) Issue an appropriate writ, order or direction in the nature of mandamus directing the respondents to allow the petitioner to use his Digital Signature Certificate and Director Identification Number, and
III) Issue an appropriate writ, order or direction the nature of mandamus directing the respondents to ensure that the petitioners are not prevented from being appointed as Directors of 'active' companies other than the defaulting company.
IV) Issue any such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the case.
V) Award the cost of the petition to the petitioner against the respondents."
At the very outset, learned counsel for the petitioner submits that the question involved in the present petition is squarely covered by judgment of this Court dated 18.2.2020 passed in Writ C No. 5826 of 2020 (Imran Khan vs. Union of India and Another), which is quoted as under:-
"Heard Sri Vipin Kumar Kushwaha, learned counsel for the petitioner and Sri Purnendu Kumar Singh, learned counsel for respondents - 1 and 2.
By means of the present writ petition, the petitioner has prayed for quashing of the order by which the petitioner has been disqualified to continue as a Director of the Company and also allow him to use his Digital Signature Certificate and Director Identification Number (DIN).
Learned counsel for the petitioner has relied upon two judgments of this Court, one passed in bunch lead by Writ-C No.12498 of 2019 (Jai Shankar Agrahari and others Vs. Union of India) dated 16.01.2020 and other in Misc. Bench No.17069 of 2019 (Ariz Abbas Vs. Union of India & Others) dated 25.09.2019 and prayed that the issue raised in the instant petition is squarely covered and set at rest by the judgments aforesaid.
Learned counsel appearing for the respondents does not dispute the said fact.
The writ petition is accordingly disposed of in the same terms."
We have gone through the judgment rendered by coordinate Bench of this Court in the case of Jai Shankar Agrahari vs. Union of India and others, 2020 (3) ADJ 645.
Learned counsel for the respondent sought to argue the matter on the ground that the financial returns were not submitted by the petitioner, however, we find that all such questions have been considered in detail by coordinate Bench of this Court in the case of Jai Shankar Agrahari (supra).
In such view of the matter, we are not inclined to take a different view of the matter.
Accordingly, present petition stands disposed of in terms of the abovequoted order dated 18.2.2020.
Order Date :- 17.5.2022
Nisha
