GAURANG BALVANTLAL SHAH Vs. UNION OF INDIA

JUDGEMENT

(1.) The basic challenge in all this batch of petitions is, to the action of the respondent No.1 Ministry of Corporate Affairs ((hereinafter referred to as "MCA"), Union of India in publishing the list dated 12.9.2017 of Directors associated with "struck off companies" under Section 248 of the Companies Act, 2013 (hereinafter referred to as "the Act of 2013") on the Website of the Ministry of Corporate Affairs, Government of India, to the extent, the said list shows the status of the petitioners as "disqualified" Directors. The petitioners have also challenged the action of the respondents in deactivating their DINs (Directors Identification Numbers) as a consequence of the publication of the said list. There being common questions of law and facts involved in all the petitions, they were finally heard together at the admission stage with the consent of the learned Advocates for the parties and are being disposed of this common order.

(2.) For the sake of convenience, the facts of the lead matter Special Civil Application No.22435 of 2017 are narrated herein under.

(3.) The factual position of the other petitions may be summarized as under:-