CHANDRA KISHORE SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsels for petitioners and Sri S.P. Singh, learned Additional Solicitor General of India for respondents.

(2.) In all these writ petitions petitioners are Directors of Companies and have been disqualified under Section 164(2) of Companies Act, 2013 (hereinafter referred to as "Act, 2013") and also declared to have suffered consequences of such disqualification under Section 167(1) of Act, 2013. Petitioners have also challenged list published by Registrar of Companies (hereinafter referred to as "ROC") declaring petitioners as disqualified for a period of five years to be Director of Companies. In some of the writ petitions vires of Section 164(2) of Act, 2013 has also been challenged.

(3.) Learned counsel for parties, at the outset, admitted that issues raised in these writ petitions have already been adjudicated by this Court in a bunch of writ petitions led by Civil Misc. Writ Petition No. 12498 of 2019, Jai Shankar Agrahari vs. Union of India and another , decided on 16.01.2020. Operative part of judgment reads as under: "83.We accordingly allow writ petitions partly. We also quash the list published by ROC, declaring petitioners in all these writ petitions as disqualified to be Directors of companies and debarment of being Director for a period of five years. 84.ROC, now, shall be at liberty to give a notice to petitioners to verify and establish the facts whether disqualification alleged to have been suffered by petitioners-Directors so as to attract Section 164 (2) of Act, 2013, actually exist or not. After giving them opportunity and being satisfied that such disqualification has occurred, it will proceed further in accordance with law."