Abhinay Singh Thakur vs Union Of India
2022 Latest Caselaw 12719 MP

                               1

        IN THE HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                            BEFORE
            HON'BLE SHRI JUSTICE ANAND PATHAK
                 ON THE 22nd OF SEPTEMBER, 2022

             WRIT PETITION NO. 17161 OF 2022

     Between:-

1.   ABHINAY SINGH THAKUR S/O SHRI
     RAMJIVAN SINGH THAKUR, AGED
     37 YEARS, OCCUPATION: BUSINESS
     ADDRESS -41, NAYAGAON RAMPUR NEW
     VTC JABALPUR (MADHYA PRADESH)

2.   SMT. VISHRANTI BAI SINGH W/O SHRI
     RAMJIVAN SINGH THAKUR, AGED
     57 YEARS, OCCUPATION: BUSINESS,
     ADDRESS - 41, NAYAGAON, RAMPUR,
     NEW VTC JABALPUR (MADHYA
     PRADESH)

3.   ABHISHEK SINGH THAKUR S/O SHRI
     RAMJIVAN SINGH THAKUR,, AGED
     33 YEARS, OCCUPATION: BUSINESS,
     ADDRESS - 41, NAYAGAON, RAMPUR,
     NEW VTC JABALPUR (MADHYA
     PRADESH)

4.   SMT. SHWETAL SINGH W/O ASHISH
     SINGH THAKUR, AGED 38 YEARS,
     OCCUPATION: BUSINESS, ADDRESS - 41,
     NAYAGAON, RAMPUR, NEW VTC
     JABALPUR (MADHYA PRADESH)
                                            ........PETITIONERS

     (BY SHRI ANVESH JAIN - ADVOCATE)

     AND

1.   UNION OF INDIA,THROUGH
                              2

     SECRETARY, MINISTRY OF
     CORPORATE AFFAIRS, "A" WING,
     SHASHTRI BHAWAN, RAJENDRA
     PRASHAD ROAD, NEW DELHI

2.   REGISTRAR OF COMPANIES, GWALIOR
     HAVING ITS OFFICE AT 3RD FLOOR, "A"
     BLOCK, SANJAY COMPLEX, JAYAENDRA
     GANJ, LASHKAR, GWLAIOR (MADHYA
     PRADESH)


                                           ........RESPONDENTS

     (BY SHRI PRAVEEN KUMAR NEWASKAR
     - ADVOCATE FOR RESPONDENT NO.1
     - UNION OF INDIA)

             WRIT PETITION NO.18708 OF 2022

     BETWEEN:-

1.   SUBODH KUMAR JAIN S/O SHRI SUHAG
     MAL JAIN, AGED 49 YEARS,
     OCCUPATION: BUSINESS, R/O 149,
     ROYAL      BUNGLOW        CITY,
     SUKHLIYA ,VIJAY NAGAR
     INODRE (MADHYA PRADESH)


                                           ........PETITIONERS
     (BY SHRI HIMANSHU SHARMA- ADVOCATE)

     AND

1.   THE UNION OF INDIA, THROUGH
     SECRETARY, MINISTRY OF CORPORATE
     AFFAIRS, 'A' WING SHASTRI BHAWAN,
     RAJENDRA PRASAD ROAD NEW DELHI

2.   THE REGISTRAR OF COMPANIES,
     MADHYA PRADESH, SANJAY COMPLEX
     3 FLOOR A BLOCK, JAYENDRAGANJ
                              3

     GWALIOR (MADHYA PRADESH)


     (BY SHRI PRAVEEN KUMAR NEWASKAR
     FOR RESPONDENT NO.1- UNION OF INDIA)

             WRIT PETITION NO.19101 OF 2022

     BETWEEN:-

1.   VINAY DEVENDRA KHADSE S/O SHRI
     DEVENDRA KESHAVRAO KHADSE,
     AGED 32 YEARS, OCCUPATION -
     BUSINESS, R/O F-3 ALBELA TOWER D-
     WING FLAT NO 701/702, SECTOR NO 9,
     VASHI NEAR VAIDEHI HOTEL, VASHI
     NAVI MUMBAI, THANE,
     MAHARASHTRA-400703)

2.   PRAMILA DEVENDRA KHADSE D/O
     SHRI JAYARAM A A JADHAV, AGED 57
     YEARS OCCUPATION - BUSINESS, R/O
     F-3 ALBELA TOWER D-WING FLAT
     NO.701/702, SECTOR NO.9, VASHI
     NEAR VAIDEHI HOTEL, VASHI NAVI
     MUMBAI, THANE, MAHARASHTRA -
     400703


     (BY SHRI HIMANSHU SHARMA - ADVOCATE)
     FOR PETITIONERS

     AND

1.   THE UNION OF INDIA, THROUGH
     SECRETARY MINISTRY OF CORPORATE
     AFFAIRS, 'A' WING SHASTRI BHAWAN,
     RAJENDRA PRASAD ROAD, NEW DELHI

2.   THE REGISTRAR OF COMPANIES,
     MADHYA PRADESH, SANJAY
     COMPLEX THIRD FLOOR A
     BLOCK,JAYENDRAGANJ
     GWALIOR (MADHYA PRADESH)
                                              4


       (BY SHRI PRAVEEN KUMAR NEWASKAR -
       ASSISTANT SOLICITOR GENERAL FOR
       RESPONDENT NO.1-UNION OF INDIA)
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       This petitions coming on for hearing this day, the Court passed the

following:

                                       ORDER

1. Regard being had to the similitude of controversy, all the writ petitions referred above are heard analogously and decided by this common order. For convenience's sake, facts of writ petition No.17161/2022 are taken. into consideration The instant petition (W.P.No.17161 of 2022) under Article 226 of Constitution of India is preferred by the petitioners seeking following reliefs:

"1. That, this Hon'ble Court may kindly be pleased to issue an appropriate writ/order /direction and set aside/quash the disqualification of petitioners under Section 164 (2) (a) of the Companies Act, 2013 for a period commencing from 01.12.2019 till 30.11.2024, i.e. Annexure P-1 Colly.

2. That, the respondent may kindly be directed to restore/activate/reactivate the petitioner No.1 (DIN No.06842710) and of petitioner no.2 (DIN No.06842724) and of petitioner No.3 (DIN No. 06842712) and of petitioner no.4 (DIN

No.06842716) in respect of the e-filing of the companies.

3. That, the Disqualification of the petitioners, director from the companies wherein the petitioners has committed no default may kindly be removed.

4. Any other relief which this Hon'ble Court may deem fit in the facts and circumstances of the case may also kindly be granted together with cost of litigation."

2. At the outset, learned counsel for petitioners placed reliance on the judgment passed by this Court in the case of Abbas s/o Ali Husain Maru and another vs. Union of India and another, reported in 2022 (3) M.P.L.J. 322 and seeks parity vis-a-vis the said order.

3. It is the submission of learned counsel for petitioners that he was also one of the Directors in the company in question and his Director's Identification Number (DIN) was deactivated.

4. The judgment referred above applies to his case mutatis mutandis.

5. Learned Assistant Solicitor General for respondent No.1-Union of India could not distinguish the facts of the case, however, referred the point of delay.

6. Considering the rival submissions and going through the pleadings made and relief sought, it appears that petitioners are similarly placed like petitioner Abbas Maru in the case referred above which is being decided by this Court. Therefore, reliefs sought by the petitioners can be granted to them. Resultantly, impugned orders are hereby set aside

against the petitioners whereby DIN has been cancelled/deactivated and reliefs given to petitioner Abbas Maru (supra) are awarded to the present petitioners also and applied mutatis mutandis.

The petitions stand disposed of.

(ANAND PATHAK) JUDGE AK/-

ANAND KUMAR 2022.09.26 10:09:41 +05'30'