IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.5037-038 OF 2019 (GM-RES) BETWEEN:
1. ABRAHAM ASHIRVADAM S/O MAHARAJA NADAR AGED ABOUT 52 YEARS R/O NO 988 4TH CROSS ASHOK NAGAR BANASHANKARI 1ST STAGE BENGALURU – 560 050 2. VASANTHI JAYAKUMARI ABRAHAM W/O ABRAHAM ASHIRVADAM AGED ABOUT 60 YEARS R/O NO 988 4TH CROSS ASHOK NAGAR BANASHANKARI 1ST STAGE BENGALURU – 560 050 (By SRI. S VIVEKANANDA, ADV.) AND:
1. UNION OF INDIA REPRESENTED BY MINISTRY OF CORPORATE AFFAIRS SHASTRI BHAWAN DR RAJENDRA PRASAD ROAD NEW DELHI – 110001 2. REGISTRAR OF COMPANIES E WING 2ND FLOOR KENDRIYA SADAN KORAMANGALA BENGALURU – 560 034 (By SMT. ANUPAMA HEGDE, CGC) - - -
… PETITIONERS … RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT SECTION 164(2)(a), 167 AND PROVISO TO 167 OF THE COMPANIES ACT, 2013 AND THE PRESS RELEASE DATED 06.09.2017 AT ANNEXURE-A, QUA DIRECTORS OF PRIVATE LIMITED COMPANY IS UNCONSTITUTIONAL IS IN VIOLATION AND IN CONTRAVENTION OF THE PROVISIONS OF PART III OF THE CONSTITUTION OF INDIA; AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.S.Vivekananda, learned counsel for the petitioners.
Smt.Anupama Hegde, learned Central Government counsel for the respondents.
2. The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
3. In these petitions, the petitioners have sought for the following reliefs:
(i) Issue appropriate writ, order or direction, declaring that Section 164(2)(a), 167 and proviso to 167 of the Companies Act, 2013 and the press release dated 06.09.2017 at Annexure-A, qua directors of private limited company is unconstitutional, is in violation and in contravention of the provisions of Part III of the Constitution of India; and/or (ii) Issue appropriate writ, order or direction directing the respondents to unblock the DIN (Directors Identification Number) of the petitioners and remove the disqualification shown at Annexure-B (ii) Issue appropriate writ, order or direction, thereby directing the respondents to give opportunity and / or relief to make default good.
4. When the matter was taken up today, learned counsel for the petitioners submitted that on 12.09.2016, office of the Company and its factory were burnt and a report in this regard was lodged with the police station. Therefore, the petitioners could not file the returns within time and have suffered disqualification. It is further submitted that with regard to their grievance, the petitioners be granted liberty to submit a representation to the Registrar of Companies and the aforesaid authority be directed to decide the same by a speaking order.
5. On the other hand, learned Central Government counsel for the respondents submits that if the petitioners submit a representation, the same shall be dealt with in accordance with law.
6. In view of the aforesaid submissions, the petitions are disposed of with a direction that in case the petitioners submit a representation with regard to their grievance within two weeks from the date of receipt of certified copy of the order passed today to the Registrar of Companies, the aforesaid representation shall be dealt with in accordance with law by a speaking order within eight weeks from the date of receipt of such representation. Till then, interim order if any, shall continue.
Sd/- JUDGE RV