TUSHAR MITTAL Vs. UNION OF INDIA AND ANR

JUDGEMENT

(1.) The writ petitioner complaints that he had been appointed a Director in a company registered under the name and style of ARPQ Enterprises Pvt. Ltd. (hereinafter referred to as the 'Company') wherefrom he resigned in the year 2009. 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 Companies-respondent no.2. In this regard, the petitioner had made a complaint to the respondent no.2 vide an Investor Complaint Form dated 22nd December, 2013. It appears that the respondent no.2 vide a letter dated 28th January, 2014 had sought an explanation from the Company about the non-filing of the said Form 32 regarding the petitioner's resignation from the directorship of the company.

(2.) The petitioner has stated that the annual returns of the Company filed for the year 2010-11 disclose that the petitioner had ceased to be a director of the company with effect from 20th September, 2009. These returns were filed with the respondent no.2 i.e. the Registrar of Companies.

(3.) 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 at serial no.63691 page no.208. 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.