AKASH KHILWANI Vs. UNION OF INDIA AND ANR

JUDGEMENT

(1.) The petitioner in this case was appointed as Additional Directors of the company being Open Kitchen on 6th April, 2011 but was never confirmed as a Director. Since his appointment was never confirmed as a Director, he ceased to be a Director from the date the AGM should have been held i.e. 30th September, 2011. As such the petitioner ceased to be the Directors of the company by operation of law but he continued to be shown as an Additional Director of the company.

(2.) The writ petition has been instituted in view of the notices dated 6th September, 2017 and 12th September, 2017 issued under Section 164(2)(a) of the Companies Act, 2013 by the respondents disqualifying the petitioner as a Director for the reason that there was a default in submitting returns with regard to the affairs of the said Company, which were statutorily required to be filed with the Registrar of Companies for a continuous period of three financial years.

(3.) The writ petition inter alia seeks quashing of the said notices dated 6th September, 2017 and 12th September, 2017.