Anand Vardhan & Anr v. Union of India & Ors

1. Despite opportunity, counter ■affidavit is not filed. We find that the facts of the instant case are similar to the facts in W.P.(C) NO. 4234/2018 Sachin Garg v. Union ofIndia & Ors. which was decided by us on ll'^ ofApril, 2018. We find that the factual narration and the position therein are also identical. The writ petitioners complaints that they have been appointed as Additional Directors in a company registered under the name and style of “Mobiletele Energy Private Limited” (hereinafter referred to as the ‘Company’). It is stated that the Annual General Meeting was \

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3. W.P.(C)No.7074/2018 2018:DHC:8540-DB thereafter held in 2012 wherein the petitioners have not been regularized as Directors and therefore, ceased to be Directors by operation of law. This writ petition has been necessitated inasmuch as the respondent no.l, on the 6^^ of September, 2017 and 12**’ September, 2017 notified a list of directors who have been disqualified under Section 164(2)(a) of the Companies Act, 2013 as directors with effect from November, 2016. To the petitioners; shock, they found their names featuring in this list. As a result, the petitioners stand

4. prohibited from being appointed or re-appointed as directors in any other company for a period of five year's^ Issue notice. Mr. Jifesh,Vikrafn (Sfivastava, learned Counsel accepts notice on behalfofthefespondents.'- It is submitted that in the^aboVAfracts and circumstances of the ''I case that the petitioners have^ ^signed'from the directorship of the company in question and information tfierepf has been filed with the f. r

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6. annual returns of the company with the respondent no.2, the petitioners would not incuiydisguahficatipn^ Section 164 of the Companies Act. Consequently, the disqualification of the petitioners as notified in the lists dated 6^'’ September, 2017 and 12^'^ September, 2017 by the respondent no.l was incorrect and illegal. 'X In view thereof, the disqualification ofthe petitioners as notified in the impugned list as disqualification of the petitioners as directors of the company and the resultant prohibition under Section 164(2)(a)

7. Page 2 of[3] by virtue ofthe petitioners’ name featuring in the list dated 6* and 12“^ September, 2017 is hereby set aside and quashed. The respondent no.2 shall also ensure that its records are properly rectified to delete the name of the petitioners from the lists dated September and 12‘'’ September, 2017. Action in this regard shall be positively taken within a period of two weeks from today. Name of the petitioners, as directors, shall be removed from all records of the respondent no.2 in the Ministry of Corporate Affairs. The writ petition is disposed of in the above terms. CM No.26900/2018 In view of the orders passed in the writ petition, this application does not survive for adjudication andas hereby disposed of. Dasti under signatures ofthe Court Master. 1 ^ ':-AGTI 7 I I ^NKARrJ C. AUGUST 03,2018/kr Page 3 of[3]