MOHD. Vs. U.O.I.

JUDGEMENT

(1.) Since all the writ petitions are connected and have been heard together, they are decided by this common judgment.

(2.) This batch of writ petitions has been filed to challenge the de-activation of the Director Identification Number by invoking Section 164(2) of the Companies Act, 2013 (hereinafter referred to as 'the Act of 2013') with a direction to activate the Director Identification Number allotted to the petitioners. The activation of the Director Identification Number is required, as the petitioners were dis-qualified to be Director for any of the Companies in reference to the dis-qualification occurred in one company.

(3.) Similar controversy was raised in other High Courts and after considering the issue at length, the Gujarat High Court decided batch of petitions led by Special Civil Application No. 22435 of 2017 by its order dated 18.12.2018. The Special Civil Application has been allowed. Therein also, the name of the petitioner was struck off from the list of Director of various companies. The publication of which was made under Section 248 of the Act of 2013. A direction to activate the Director Identification Number of the petitioner forthwith has been given, if not activated so far. It was however with the liberty to take legal action against the petitioner for any statutory default or non-compliance of the provisions of the Companies Act.