ARUN SETH Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) A list published by the Registrar of Companies, West Bengal naming directors of companies who according to the Registrar have attracted disqualification under Section 164(2)(a) of the Companies Act, 2013 (in short "the said Act") with effect from 1st November, 2016 for a period of five years i.e. till 31st October, 2021, wherein the name of the petitioner figures, was challenged by the petitioner before the learned single Judge by way of a writ petition being W.P. No. 25916(W) of 2017.

(2.) The learned single Judge gave direction for filing affidavits, but declined to pass any interim order as prayed for by the writ petitioner. Being aggrieved, the writ petitioner/appellant has preferred the instant appeal.

(3.) Mr. Saha, learned senior counsel appearing for the writ petitioner/appellant submitted that the petitioner is a Director of various companies including the respondent no.3. The respondent no.3 never functioned since its incorporation. It was incorporated with the object of running a paediatric hospital, but the funds that were promised from abroad never came and hence, the respondent No.3 Company never had any business. Hence, annual returns have not been filed in respect of respondent no.3 since its incorporation. It is for non-filing of annual returns of the respondent no.3 for a consecutive period of 3 years that the petitioner has been sought to be disqualified from acting as Director of any company with effect from 1st November, 2016.