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2020 (6) TMI 93 - HC - Companies LawDisqualification from appointment as a Director - change of status of the petitioner in the records of the respondent Nos. 1 and 2 from the list of disqualified directors - unfreezing of Directors Identification Number and the Digital Signature Certificate (DSC) of the petitioner - Section 164(2)(a) of the Companies Act, 2013 - HELD THAT:- It is apparent that the petitioner is seeking a writ in the nature of mandamus directing the respondents No. 1 and 2 not to consider the petitioner as a disqualified director under Section 164(2)(a) of the Companies Act, 2013 and for a further direction to change the status of the petitioner in the records of the respondent Nos. 1 and 2 from the list of disqualified directors and consequently unfreeze the Directors Identification Number and the Digital Signature Certificate (DSC) of the petitioner - The pre requisition of issuing a writ in the nature of mandamus is that there must be a legal right of the litigant, such right must be violated by the respondents and upon right being violated, there must be a representation for removal of such violation and upon consideration thereof, such request for removing the violation be refused. In the instant case, the petition is devoid of any material which may indicate as to a legal right in favour of the petitioner for being removed as a disqualified director or to restore the Director Identification Number and Digital Signature Certificate of the petitioner so as to enable the Court to determine his legal right, if any. In the circumstance, it would be appropriate for the petitioner to make a representation before the Registrar of Companies, Guwahati being the respondent No.2 as regards his claim for continuing with the Director Identification Number (DIN) and Digital Signature Certificate (DSC) as well as to exclude his name from the list of disqualified directors - It is provided that the petitioner shall file any such application if so advised within a period of 7 days from today. In the event, such application is not filed, the continuation of the interim order dated 20.02.2020 shall remain withdrawn and the Registrar Companies will be at liberty to take any action against the petitioner. In the event, the application is filed, the interim order shall continue till the passing of the reasoned order by the Director of Companies. Petition disposed off.
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