RAJENDRA KUMAR KALRA Vs. UNION OF INDIA

JUDGEMENT

(1.) The respondents by proceeding, to take an action under Sec. 164 (2) of the Companies Act, 2013, has disqualified the petitioners from the Directorship for a period from 30/11/2018 to 29/11/2023, as a consequence of which, the petitioners had been rendered incapacitated to utilise their Din Nos. 01960384 and 02046080 respectively.

(2.) The petitioners had come up with the case, that if the provisions contained under Sec. 164 of the Companies Act, is taken into consideration, if a person is to be held to be ineligible to be appointed as a Director of the Company, the procedure for his disqualification has had to be resorted to as per stipulations and procedure contained under Sec. 164 to be read with Sec. 167, as provided under the Companies Act.

(3.) The learned counsel for the petitioners had in para 13 as well as in para 14 of the Writ Petition, has specifically come up with the case, that the impugned notices of disqualifying the petitioners to function as Director, which was issued while exercising the powers under Sec. 164 of the Act, happens to be in violation of the principles of natural justice, as prior to passing of the orders of disqualifying the petitioners to function as Director of the Company, no opportunity of hearing was ever provided and even that is not reflected from the order impugned, which is under challenge, where disqualification has been imposed upon the petitioners for a period w.e.f. 30/11/2018 to 29/11/2023.