KARN GUPTA Vs. UNION OF INDIA & ANR

JUDGEMENT

(1.) The writ petitioner complains that he had been appointed as a Director in a company registered under the name and style of Eternal Wellness Centre Pvt. Ltd. (hereinafter referred to as the 'Company') on 11th July, 2012 wherefrom he resigned on 5th December, 2012. The company failed to submit Form 32 regarding his resignation in accordance with the provisions of the erstwhile Companies Act, 1956 with the Registrar of Companiesrespondent no.2.

(2.) This writ petition has been necessitated inasmuch as the respondent no.1, on the 6th of September, 2017 and 12th September, 2017 notified a list of directors who have been disqualified under Section 164(2)(a) of the Companies Act, 2013 as directors with effect from 1st November, 2016. To the petitioner's shock, he found his name featuring in this list. As a result, the petitioner stands prohibited from being appointed or re-appointed as a director in any other company for a period of five years.

(3.) Issue notice to the respondents. Mr. Vikas Mahajan, learned CGSC accepts notice on behalf of the respondents.