9911796707
TMI Blog2020 (8) TMI 701X X X X Extracts X X X X X X X X Extracts X X X X ..... dentification Number (DIN), being 03122502 and 0233541, were issued in favour of the petitioners by the respondent No. 2. Under Section 164(2)(a) of the Companies Act, 2013 no person who is or has been a director of a company which has not filed its financial statements or annual reports for any continuous period of three financial years be eligible to be reappointed as a director of that company or appointed in other company for a period of five years from the date on which the said company fails to do so. 4. The first proviso to Section 164(2)(a) provides that where a person is appointed as a director of a company which is in default, amongst others, of requirement of Section 164(2) (a), shall not incur the disqualification for a period ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irectors who were identified as disqualified, this instant writ petition is instituted with the following prayers:- "In the facts and circumstance of the present case it is the case it is therefore respectfully prayed that your Lordship's may graciously pleased to issue notice to the Respondents, call for the Records of the case and issue a Rule Calling upon the Respondents to show cause as to why a writ in the nature of Mandamus and/or any other writ, Order or Direction of like nature shall not be issued by directing the Respondents more particularly the Respondents No.2 to re-activate the DSC and DIN of the petitioners which was deactivated in purported exercise of power conferred under the Section 164 of the companies Act, 2013 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ification Number (DIN) and the Digital Signature Certificate (DSC) of the petitioners. 9. The pre-requisite 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 the 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. 10. The said principle of issuing a writ in the nature of mandamus is of a fundamental importance inasmuch as, when a writ court issues a writ in the nature of mandamus, it takes upon itself to determine as to whether the litigant had a legal right of his own making it entitled to a direction as claimed for. In the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall pass a reasoned order within a period of 15 days from such application being submitted. It is provided that the petitioners shall file such applications, if so advised, within a period 7 days from today. Till the expiry of 7 days from today, the respondent authorities shall unfreeze the Directors Identification Number (DIN) and Digital Signature Certificate (DSC) issued in favour of the petitioners. However, if such application is not filed, the continuation of the order to unfreeze their Directors Identification Number (DIN) and Digital Signature Certificate (DSC) shall remain withdrawn and the Registrar of Companies shall be at liberty to take any action against the petitioners. In the event, application is filed the order to unfree ..... X X X X Extracts X X X X X X X X Extracts X X X X
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