Nikhil Kaushik vs Union Of India
2023 Latest Caselaw 3542 MP

                                                           1
                           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. 3500 of 2023

                          BETWEEN:-
                          1.    NIKHIL KAUSHIK S/O SHRI SHISHIR CHANDRA
                                KAUSHIK, AGED ABOUT 67 YEARS, OCCUPATION:
                                BUSINESS, R/O 157-B, ALKAPURI, NEAR DRM
                                OFFICE,   HABIBGANJ,   BHOPAL    (MADHYA
                                PRADESH)

                          2.    UMA KAUSHIK W/O NIKHIL KAUSHIK, AGED
                                ABOUT 63 YEARS, R/O 157-B ALKAPURI, NEAR
                                DRM OFFICE, HABIBGANJ, BHOPAL (MADHYA
                                PRADESH)

                                                                                      .....PETITIONER
                          (BY SHRI NAKUL KHEDKAR - ADVOCATE )

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

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

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

                                This petition coming on for admission this day, th e court passed the
                          following:
                                                            ORDER

The instant petition under Article 226 of Constitution of India is preferred by the petitioners seeking following reliefs: Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 01-Mar-23 5:56:17 PM

(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 from the list of Disqualified Directors by ROC-Gwalior may kindly be deleted forthwith.

(ii) That, the DIN No.-00915421 and 00915405 of the petitioners be directed to be restored/reactivated in respect for E-filing of other surviving 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 v s . 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 725.

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

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

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 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 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