Jasmine Lulla vs Union Of India
2023 Latest Caselaw 8393 MP

                                    1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                             BEFORE
               HON'BLE SHRI JUSTICE ANAND PATHAK
                        ON THE 12 th OF JUNE, 2023
                    WRIT PETITION No. 11045 of 2023

BETWEEN:-
JASMINE LULLA W/O SHRI MANISH LULLA, AGED
ABOUT 44 YEARS, R/O 115 TRIVENI COLONY EXT.
INDORE (MADHYA PRADESH)

                                                                .....PETITIONER
(BY SHRI SHASHANK INDAPURKAR - ADVOCATE)

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

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

                                                              .....RESPONDENTS
(BY SHRI PRAVEEN KUMAR NEWASKAR - DEPUTY SOLICITOR GENERAL
AND )

      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:

œ(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.01953126 of the petitioner be directed to be restored/reactivated in respect for E-filing of other surviving company.

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

2. At the outset, learned counsel for petitioner 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 petitioner that he was the

Director 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 Deputy 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 petitioner is similarly placed like petitioner Abbas Maru in the case referred above which is being decided by this Court. Therefore, reliefs sought by the petitioner can be granted to them. Resultantly, impugned orders are hereby set aside 6 against the petitioners whereby DIN has been cancelled/deactivated and reliefs given to petitioner Abbas Maru (supra) is awarded to the present petitioner also and applied mutatis mutandis.

The petition stand disposed of.

(ANAND PATHAK) JUDGE Ashish*

Digitally signed by ASHISH CHAURASIA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT

ASHISH OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=bf81a9adb1da24e4bc7b5195154c3d 4de08c6bb9303e52e2e7e728d9bac85bd3,

CHAURASIA pseudonym=CA2EA6EDDF504F8F9C2790FA9 A0FD201D0242B64, serialNumber=A926F3CBF979ECA6A4C47757 7EEDBA3AB4F94593A930B98DAE1B0AD16F9 0B5FD, cn=ASHISH CHAURASIA Date: 2023.06.13 11:43:53 -07'00'