Kerala High Court
Charlie Cherian vs The Registrar Of Companies on 25 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943
WP(C) NO. 1835 OF 2022
PETITIONERS:
1 CHARLIE CHERIAN
AGED 50 YEARS
S/O CHERIAN A, ARAPURAIKKAL, MALAKKARA ROAD,
MALAKKARA P.O.ARANMULA, PATHANAMTHITTA DISTRICT -689 532
2 PHILIP CHACKO,
PUTHENPARAMBIL HOUSE, VAKAYAR P.O.,
PATHANAMTHITTA DISTRICT
BY ADVS.
K.M.ANEESH
K.SANTHOSH KUMAR (KALIYANAM)
ADARSH KUMAR
BIJU VARGHESE ABRAHAM
DILEEP CHANDRAN
SHASHANK DEVAN
RESPONDENTS:
1 THE REGISTRAR OF COMPANIES
KERALA, BMC ROAD, THRIKKAKARA P.O.KAKKANAD,
KOCHI,
KERALA-682 021
2 THE REGIONAL DIRECTOR,
MINISTRY OF CORPORATE AFFAIRS, SHASTRI BHAVAN,
HADDOWS ROAD, NUNGUMBAKKOM, CHENNAI-60006.
3 UNION OF INDIA,
REPRESENTED BY THE SECRETARY,
MINISTRY OF CORPORATE AFFAIRS, A WING SHASTRI BHAVAN,
DR. RAJENDRA PRASAD ROAD, NEW DELHI-110 001
SRI.S.MANU- ASGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1835 OF 2022 2
JUDGMENT
Dated this the 25th day of January, 2022
The petitioners are before this Court seeking to direct the
respondents to restore and reactivate the Director Identification
Number of the petitioners (06878336 and 06878368) and their
Digital Signature Certificates so as to enable the petitioners to
file the statutory returns and statements before the authorities
as per law and to represent those Companies as their Director
without any interruption.
2. The petitioners state that they are shareholders and
Directors on the Board of M/s.Tak Natural and Organic
Ingrediants Exim Private Limited. The petitioners when
attempted to use the Digital Signature Certificates along with
their respective DIN to file annual returns on the website of the
1st respondent, the petitioners received a message to the effect
that 'Director Disqualified'. Further, the DIN status of the
petitioners is also showing 'Disqualified by ROC under Section
164(2)'. From the website, the petitioners learnt that they were
disqualified as Directors from 01.11.2018 to 31.10.2023.
3. The petitioners submit that in view of the
disqualification and de-activation of DIN number, the
petitioners are not able to function or act as Directors on the
Board of any other Company or Limited Liability Partnership.
They are not in a position to upload necessary statutory returns
under the Companies Act, 2013. The de-activation of DIN is
illegal and unwarranted, contended the petitioners.
4. The learned Assistant Solicitor General of India
(ASGI) appeared on behalf of respondents 1 to 3. The learned
ASGI contested the writ petition and controverted all the
material averments contained in the writ petition. The learned
ASGI submitted that the petitioners were disqualified for
holding the office of Directors in Companies under Section
164(2) of the Companies Act, 2013. Since they are disqualified,
their DIN numbers were de-activated. There is no illegality on
the de-activation of the DIN number.
5. Heard the learned counsel for the petitioners and
the learned ASGI representing the respondents.
6. This Court has considered the issue of de-activation
of DIN in the context of disqualification of Directors under
Section 164(2) of the Companies Act. This Court considered
the matter in Zacharia Maramkandathil Mohan v. Union of
India [2021 (4) KLT 493] and held that the 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/reappointment as Directors of Companies by
operation of Section 164(2) of the Companies Act, 2013. In
view of the law laid down by this Court in Zacharia
Maramkandathil Mohan (supra), the writ petition is liable to be
allowed.
In the circumstances, the writ petition is allowed following
the judgment of this Court in Zacharia Maramkandathil
Mohan (supra) and consequently, the respondents are
directed to restore and re-activate the DIN numbers and Digital
Signature Certificates of the petitioners forthwith.
sd/-
N.NAGARESH
JUDGE
hmh
APPENDIX OF WP(C) 1835/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE COMPANY MASTER DATA
OF THE M/S TAK NATURAL AND ORGANIC
INGREDIANTS EXIM PRIVATE LIMITED
PUBLISHED IN THE WEBSITE OF THE MINISTRY
OF CORPORATE AFFAIRS
Exhibit P2 A TRUE COPY OF THE DIN STATUS PUBLISHED
IN THE WEBSITE WWW.MCA.GOV. IN OF THE
RESPONDENT NO 1 DEPICTING THE STATUS OF
THE 1ST PETITIONER DIN
Exhibit P3 A TRUE COPY OF THE DIN STATUS PUBLISHED
IN THE WEBSITE WWW.MCA.GOV.IN OF THE
RESPONDENT NO 1 DEPICTING THE STATUS OF
THE 2ND PETITIONERS DIN
RESPONDENT'S EXHIBITS NIL
