B. Sasi vs Union Of India
2021 Latest Caselaw 21690 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
  TUESDAY, THE 2ND DAY OF NOVEMBER 2021/11TH KARTHIKA, 1943
                     WP(C) NO. 22876 OF 2021


PETITIONERS:

    1    B. SASI, AGED 54 YEARS,
         S/O. BALAKRISHNAN, FLAT NO.3B,
         3RD FLOOR, T.N. SAMRUDHI CHAMBERS,
         VAZHUTHACAUD, THYCAUD P.O.,
         TRIVANDRUM - 695 014.

    2    SUMA M.K., AGED 42 YEARS,
         D/O. SHRI NARAYANA KURUP,
         FLAT NO.3B, 3RD FLOOR,
         T.C. 15/1695/18,
         T.N.SAMRUDHI CHAMBERS,
         VAZHUTHACAUD, THYCAUD P.O.,
         TRIVANDRUM - 695 014.

         BY ADVS.
         T.B.SHAJIMON
         GOVINDU P.RENUKADEVI


RESPONDENTS:

    1    UNION OF INDIA REPRESENTED BY
         ITS SECRETARY, MINISTRY OF
         CORPORATE AFFAIRS, 'A' WING,
         SHASTRI BHAWAN, RAJENDRA PRASAD ROAD,
         NEW DELHI - 110 001.

    2    THE REGISTRAR OF COMPANIES (KERALA),
         COMPANY LAW BHAVAN, B.M.C ROAD,
         THRIKKAKARA, KOCHI - 682 021.

         BY SRI.P.VIJAYAKUKAR, ASGI

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C)No.22876/2021

                                 2




                           JUDGMENT

Dated this the 2nd day of November, 2021

The petitioners who were Directors of certain

incorporated Companies have approached this Court

seeking to declare that the 1st and 2nd respondents do not

have the power to make alteration to the status of Director

Identification Number (DIN) of the petitioners due to

disqualification under Section 164 of the Companies Act,

2013 and thereby give effect to disqualification for

appointment, re-appointment or continuing as a Director of

any Company, under the Companies Act, 2013 or any other

law.

2. When this writ petition came up for hearing today,

the learned ASGI representing the respondents submitted

that the issue raised by the petitioners is covered by a

judgment of this Court in Zacharia Maramkandathil Mohan WP(C)No.22876/2021

v. Union of India [2021 (4) KLT 493].

3. I have heard the learned counsel for the

petitioner and the learned Assistant Solicitor General of

India representing the respondents.

4. This Court in the judgment in Zacharia

Maramkandathil Mohan v. Union of India (supra)

considered the sustainability of cancellation of DIN of

Directors which stands disqualified under operation of

Section 164 of the Companies Act. This Court held as

follows:

"The Director Identification Numbers (DINs) of the petitioners allotted under Rule 10 of the Companies (Appointments and Qualifications of Directors) Rules, 2014 are not liable to be deactivated or cancelled solely for the reason that the petitioners stand disqualified for appointment/re-appointment as Directors of Companies by operation of S.164(2)".

In view of the law laid down by this Court, the cancellation of

the DIN of the petitioners is not justified. WP(C)No.22876/2021

In the circumstances, the writ petition is disposed of

directing the 2nd respondent - Registrar of Companies to

activate the DIN of the petitioners.

Sd/-

N. NAGARESH JUDGE ncd/05.11.2021 WP(C)No.22876/2021

APPENDIX OF WP(C) 22876/2021

PETITIONERS' EXHIBITS

Exhibit P1 TRUE COPY OF THE DIRECTOR DETAILS OF THE PETITIONERS PRINTED FROM THE WEBSITE OF WWW.MCA.GOV.IN Exhibit P2 TRUE COPY OF THE DIN STATUS OF THE PETITIONERS AS SHOWN ON THE WEBSITE OF WWW.MCA.GOV.IN Exhibit P3 COMPANY MASTER DATA.