Alok Bansal vs The Union Of India Thr.
2023 Latest Caselaw 576 MP

                                    1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                          BEFORE
        HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                     ON THE 10 th OF JANUARY, 2023
                    WRIT PETITION No. 27747 of 2022

BETWEEN:-
1.    ALOK BANSAL S/O SHRI PADAM CHAND BANSAL
      575/5 M.G. ROAD BE3HIND BANK OF INDIA
      INDORE (MADHYA PRADESH)

2.    KALPANA BANSAL D/O SHRI CHANDRA KANT
      SHAH 575/5, M.G. ROAD, BEHIND BANK OF INDIA,
      INFORE (MADHYA PRADESH)

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

AND
1.    THE UNION OF INDIA THR. SECRETARY A WING
      SHASTRI BHAWAN RAJENDRA PRASAD ROAD
      (DELHI)

2.    THE REGISTRAR OF COMPANIES, M.P. SANJAY
      COMPLEX    THRID   FLOOR    A    BLOCK,
      JAYENDRAGANJ (MADHYA PRADESH)

                                                              .....RESPONDENTS
(BY SHRI PRAVEEN NEWASKAR - ASGI )

      This petition coming on for admission this day, Hon'ble Shri Justice
Milind Ramesh Phadke passed the following:
                                     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. 7390 & Serial no. 7391 from the List of Disqualified Directors by ROC-Gwalior may kindly be deleted forthwith.

(ii) That, the DIN No.-00504323, of the petitioner no.1 (ALOK BANSAL) and DIN No. 00498351 of the petitioner no. 2 (KALPANA BANSAL) 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

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 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 ar

ABDUR RAHMAN 2023.01.12 11:08:36 +05'30'