YENUGU KRISHNA MURTHYKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners-Mr.Yenugu Krishna Murthy in W.P.No.7819/2018, Mr.Devarunda Manjegowda Purnesh in W.P.No.7820/2018 and Mr.Manjunath Krishnarajanagar Manikyam in W.P.No.7821/2018 have approached this Court by filing the present writ petitions on 15.02.2018 with the following prayers:

(2.) Learned counsel for the petitioners Mr.S.Vivekananda submitted before the Court that the Ministry of Corporate Affairs, Government of India, on their website vide Annexure-B while giving the DIN (Directors Identification Number) status qua the petitioners they were shown as 'Disqualified' by the Registrar of Companies U/s.164(2) of the Companies Act, 2013. The said computer status sheet only has been produced before this Court to the writ petitions as Annexures-B and C, gives the list of other such several Directors of the Limited Companies including the names of the present petitioners, who have been Disqualified as Directors of the Board of Directors of the Limited Companies for having incurred disqualification and one of the Column in Annexure-C indicates the reason for Disqualification of five years in brief viz., "Violated Section 164(2)(a)" of the Act and the period of such Disqualification is also mentioned in the said Annexure-C.

(3.) On the Court question, as to whether the petitioners approached the Registrar of Companies seeking a copy of the order passed by him U/s.164(2) of the Act based on the relevant facts or not, the learned counsel for the petitioners fairly submitted that no order has been obtained by the petitioners in the present cases from the Registrar of Companies. He has further submitted that the petitioners did not approach the Registrar of Companies at all nor they were served with any show cause notice or adjudication order U/s.164(2) of the Act and only on the basis of the DIN status shown on the website of the Ministry of Corporate Affairs Annexure-B and the Computer List Annexure C, the petitioners have directly filed the present writ petitions in this Court on 15.02.2018.