9911796707
TMI Blog2020 (10) TMI 1070X X X X Extracts X X X X X X X X Extracts X X X X ..... lification being ultra vires Companies Act, 2013, Insolvency and Bankruptcy Code, 2016 and the Constitution of India. Besides, direction is also sought that, respondent No. 1, i.e., Registrar of Companies be prohibited to withdraw any civil and criminal proceedings which might have been initiated against the petitioners. And to direct the Registrar of Companies to carry out necessary filings of annual return and financial statements in respect of GEI Industrial Systems Ltd. Seek clarification in respect thereof under Sections 92 and 137 of the Companies Act, 2013, for a Company undergoing corporate insolvency resolution process before 6.6.2018 when second Amendment to the Insolvency and Bankruptcy Code 2016 became effective. And to direct n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y offence, whether involving moral turpitude or otherwise, and sentenced in respect thereof to imprisonment for not less than six months and a period of five years has not elapsed from the date of expiry of the sentence: Provided that if a person has been convicted of any offence and sentenced in respect thereof to imprisonment for a period of seven years or more, he shall not be eligible to be appointed as a director in any company; (e) an order disqualifying him for appointment as a director has been passed by a court or Tribunal and the order is in force; (f) he has not paid any calls in respect of any shares of the company held by him, whether alone or jointly with others, and six months have elapsed from the last day fixed for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the director shall become vacant in all the companies, other than the company which is in default under that sub-section.
(g) he is removed in pursuance of the provisions of this Act;
4. The petitioners having inhered the disqualification have resulted in alleged disqualification which in given facts cannot be faulted with.
5. Furthermore the relief sought by the petitioners to drop all civil and criminal actions if any taken by the Registrar of Companies besides being preemptive are contingent in nature which cannot be granted in a petition under Article 226 of the Constitution as the petitioners fail to establish breach of any legal right.
6. In view whereof since no relief can be granted, petition fails and is dismissed. X X X X Extracts X X X X X X X X Extracts X X X X
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