Allahabad High Court
Shri Randhir Kumar Singh 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. - 13453 of 2022
Petitioner :- Shri Randhir Kumar Singh
Respondent :- Union Of India And Another
Counsel for Petitioner :- Pooja Talwar,Arvind Kumar Mishra
Counsel for Respondent :- A.S.G.I.
Hon'ble Vivek Kumar Birla,J.
Hon'ble Vikas Budhwar,J.
Heard Ms. Pooja Talwar, learned counsel for the petitioner as well as Sri Rajesh Kumar Singh, learned Central Government Counsel, who appears on behalf of respondent nos.1 and 2.
Present petition has been filed with the following prayer:-
"A Issue a writ, order or direction in the nature of mandamus commanding Respondent no. 2, his agents and servants, to activate the DIN allotted to petitioners, so that Petitioners may file financial statements and other statutory documents etc. for companies mentioned in paragraphs 4, which are running smoothly while making all statutory companies;
B. Issue a writ, order or direction in the nature of certiorari quashing the Impugned status of DIN deactivation of Petitioner uploaded by Respondent No. 2, and disqualifying Petitioners under Section 164 (2) (a) of Companies Act, 2013."
At the very outset, learned counsel for the petitioner submits that the question involved in the present petition is squarely covered by the 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.
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
Nitendra
