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 NO.13180 OF 2019 (GM-RES) BETWEEN:
MR. SANJAY KULKARNI AGED ABOUT 48 YEARS SON OF LATE MR SHAMRAO KULKARNI RESIDING AT 42 YOJAK ARTEK APARTMENTS M KALELKAR MARG KALA NAGAR BANDRA (E) MUMBAI - 400051 (By MR. MANU KULKARNI, ADV. FOR MR. SANJANTHI SAJAN POOVAYYA, ADV.) AND:
1. THE UNION OF INDIA A WING SHASTRI BHAWAN RAJENDRA PRASAD ROAD NEW DELHI – 110001 REPRESENTED BY ITS SECRETARY 2. THE MINISTRY OF CORPORATE AFFAIRS A WING SHASTRI BHAWAN RAJENDRA PRASAD ROAD NEW DELHI – 110001 REPRESENTED BY ITS SECRETARY 3. THE REGISTRAR OF COMPANIES KARNATAKA E WING 2ND FLOOR KENDRIYA SADANA KORAMANGALA BENGALURU – 560 034 (By MR. M N KUMAR, CGC) … PETITIONER … RESPONDENTS - - -
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE SECTION 164(2)(a) TOGETHER WITH THE PROVISO THERETO; AND SECTION 167(1)(a) AND PROVISO THERTO OF THE COMPANIES ACT, 2013 AS ILLEGAL, UNCONSTITUTIONAL AND VOID AB INITIO;
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Manu Kulkarni, learned counsel for Mr.Sanjanthi Sajan Poovayya, learned counsel for the petitioner.
Mr.M.N.Kumar, learned Central Government counsel for the respondents.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner has prayed for the following reliefs:
(i) Issue a writ, order or direction, declaring Section 164(2)(a) together with the proviso thereto; and Section 167(1)(a) and proviso thereto of the Companies Act, 2013 as illegal, unconstitutional and void ab initio, (ii) Issue a writ of certiorari or any other appropriate writ, order or direction quashing the press release dated 06.09.2017 at Annexure-A and press release dated 12.09.2017 at Annexure-B issued by the respondent No.2, insofar as it pertains to the petitioner, (iii) Issue a writ of certiorari or any other appropriate writ, order or direction quashing the list of disqualified directors dated 17.01.2019 at Annexure-C issued by the respondent No.2, insofar as it pertains to the petitioner (iv) Issue a writ, order or direction to the respondent Nos.2 and 3 to activate and restore the petitioner’s director identification number 02740515 and his digital signature certificate with immediate effect.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner has resigned from the Company in the year 2013 and the Company was subsequently wound up. It is further submitted that with regard to their grievance, the petitioner 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 petitioner submits a representation, the same shall be dealt with in accordance with law.
6. In view of the aforesaid submissions, the petition is disposed of with a direction that in case the petitioner submits 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