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.15796 OF 2019 (GM-RES) BETWEEN:
SHREYAS COTHA VINOD S/O VINOD HAYAGRIV COTHA AGED ABOUT 29 YEARS R/O NO.1/34 ULSOOR ROAD W H HANUMANTHAPPA LAYOUT BENGALURU - 560042 (By 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 MR. THIMMANNA BHAT DEVATHE, CGC) - - -
… PETITIONER … RESPONDENTS THIS WRIT PETITION IS 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, ON THE PETITIONER QUA DIRECTOR 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 THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.S.Vivekananda, learned counsel for the petitioner.
Mr.Timmanna Bhat Devathe, 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 sought for the following reliefs:
(i) Issue appropriate writ, order or direction, declaring that Section 164(2)(a), 167 and proviso to 167(1)(a) of the Companies Act, 2013 and the press release dated 06.09.2017 at Annexure-A, on the petitioner qua director 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 petitioner and remove the disqualification shown at Annexure-B (iii) Issue appropriate writ, order or direction for removal of the name of the petitioner from the list of disqualified director at Annexure-C issued by the respondents and permit the petitioner to act as director in any company without any hindrance (iv) Issue appropriate writ, order or direction, thereby directing the respondents to get opportunity and / or relief to make default good.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the Company Law Board had restrained the Company to hold the Board Meetings and Annual General Meetings and therefore, the returns could not be filed by the Directors within the time limit fixed and the petitioner was disqualified from holding the post of Director. It is further submitted that with regard to his 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 his 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