Riyaz Patel vs The Union Of India Thr.
2023 Latest Caselaw 2725 MP

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                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR
                                                   BEFORE
                                 HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                            ON THE 14 th OF FEBRUARY, 2023
                                            WRIT PETITION No. 1701 of 2023

                          BETWEEN:-
                          1.    RIYAZ PATEL S/O SHRI REHMATULLA PATEL,
                                AGED ABOUT 45 YEARS, R/O 297 GREEN PARK
                                COLONY DHAR ROAD INDORE (MADHYA
                                PRADESH)

                          2.    MUSHARRAF PATEL D/O SHRI MOHAMMAD
                                UMAR KHAN, AGED ABOUT 39 YEARS, R/O 297,
                                GREEN PARK COLONY DHAR ROAD INDORE
                                (MADHYA PRADESH)

                          3.    SUMITRA ARORA D/O SHRI MOHANLAL
                                PARMAR, AGED ABOUT 56 YEARS, R/O 107,
                                BIMALNATH APARTMENT A.B.ROAD RAJENDRA
                                NAGAR INDORE (MADHYA PRADESH)

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

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

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

                                                                                  .....RESPONDENTS
                          (BY SHRI PRAVEEN NEWASKAR - DEPUTY SOLICITOR GENERAL FOR
                          UOI )

                                This petition coming on for admission this day, th e court passed the
                          following:
Signature Not Verified
Signed by: CHANDNI
NARWARIYA
Signing time: 15-Feb-23
4:42:01 PM
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                                                               ORDER

The instant petition under Article 226 of Constitution of India is preferred by the petitioners seeking following reliefs:

(i) That, the impugned order Annexure P/1 under section 164(2) of the Companies Act, 2013 concerning the petitioners may kindly be directed to be quashed and the name of the petitioners as a Disqualified Director Serial no. 282, 283 & Serial no. 284 from the List of Disqualified Directors by ROC-Gwalior may kindly be deleted forthwith.

(ii) That, the DIN No.-02881074, of the petitioner no.1 (RIYAZ PATEL), DIN No. 07040467 of the petitioner no. 2 (MUSHARRAF PATEL) and DIN No. 07357736 of the petitioner no. 3 (SUMITRA ARORA) are directed to be restored/reactivated with respect for the E-filing of other surviving LLP/Companies.

(iii) That, the other relief doing justice including cost be awarded.

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.

It is the submission of learned counsel for petitioners that they are the Directors in the company in question and their Directors' Identification Number (DIN) was deactivated.

The judgment referred above applies to their case mutatis mutandis. 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. To bolster his submission he has placed reliance on the case of A.P. Steel Re- Rolling Mill Ltd. vs. State of Kerala and Ors. reported in (2007) 2 SCC Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 15-Feb-23 4:42:01 PM

So far as the delay in preferring this writ petition is concerned, since it is a continuous cause of action and petitioners have since been debarred to be a Director in any other company, the objection with regard to delay in filing the writ petition is over ruled.

Since the judgement which has been cited by the learned Assistant Solicitor General of India is based on different sets of fact which are not available in the present case.

After considering the rival submissions and going through the pleadings mad e 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.

With the aforesaid, the petition stands disposed of. E-copy/Certified copy as per rules.

(MILIND RAMESH PHADKE) JUDGE Chandni

Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 15-Feb-23 4:42:01 PM