Shri Vishwanath Bajpai vs Union Of India
2023 Latest Caselaw 3540 MP

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                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR
                                                   BEFORE
                                 HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                            ON THE 28 th OF FEBRUARY, 2023
                                            WRIT PETITION No. 28942 of 2022

                          BETWEEN:-
                          1.    SHRI VISHWANATH BAJPAI S/O AJAI BAJPAI,
                                AGED ABOUT 35 YEARS, OCCUPATION: BUSINESS,
                                R/O 10 BANK COLONY, DISTRICT RATLAM
                                (MADHYA PRADESH)

                          2.    SHRI VINOD MISHARA S/O SHRI ANAND MISHRA,
                                AGED ABOUT 63 YEARS, OCCUPATION: BUSINESS,
                                R/O SHUBHAM APARTMENT, MITRA NIWAS
                                COLONY,    DISTRICT   RATLAM     (MADHYA
                                PRADESH)

                          3.    AJAI KUMAR BAJPAI S/O SURYAKANT BAJPAI,
                                AGED ABOUT 62 YEARS, OCCUPATION: BUSINESS,
                                R/O 3 BANK COLONY, DISTRCT RATLAM
                                (MADHYA PRADESH)

                                                                                    .....PETITIONERS
                          (BY SHRI AKARSH CHATURVEDI - ADVOCATE )

                          AND
                          1.    UNION OF INDIA, MINISTRY OF CORPORATE
                                AFFAIRS, THROUGH ITS PRINCIPAL SECRETARY,
                                SHASTRI BHAWAN, DR. RAJENDRA PRASAD
                                ROAD, NEW DELHI (DELHI)

                          2.    REGISTRAR OF COMPANIES, 3RD FLOOR, A
                                BLOCK SANJAY COMPLEX JAYENDRA GANJ,
                                GWALIOR (MADHYA PRADESH)

                          3.    JAYANT    VITAMINS        LIMITED, DOSIGAON
                                INDUSTRAIL   AREA,       DISTRICT   RATLAM
                                (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                          (BY SHRI PRAVEEN NEWASKAR - ASSISTANT SOLICITOR GENERAL)

Signature Not Verified
                                This petition coming on for admission this day, th e court passed the
Signed by: CHANDNI
NARWARIYA
Signing time: 01-Mar-23
5:56:17 PM
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                          following:
                                                                ORDER

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

(i) To direct respondents to restore petitioners as directors of the company so that a new director can be appointed who can act as an Authorised Signatory on behalf of the company.

(ii) To direct respondents to allow petitiners to use their Digital Signature Certificates (DSC) and Director Identification Number (DIN).

(iii) To issue any writ, order, direction and/or declaration which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of petitioners.

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

So far as the delay in preferring this writ petition is concerned, since it is Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 01-Mar-23 5:56:17 PM

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.

The petition stands disposed of.

(MILIND RAMESH PHADKE) JUDGE Chandni

Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 01-Mar-23 5:56:17 PM