Dismissed

Hari Prasad Kushwaha and Another v. Union of India and Another

Allahabad HC17 Nov 2020WRIC/18407/2020

Case brief

AI extract

What is this about?

The Court disposed of the writ petition in identical terms to the earlier judgment in Jai Shankar Agrahari vs. Union Of India on 16.01.2020, holding that the dispute is squarely covered by the precedent regarding director disqualification.

What did the court decide?

The writ petition is disposed of on the same terms and conditions as Civil Misc. Writ Petition No. 12498 of 2019 (Jai Shankar Agrahari vs. Union Of India).

Hari Prasad Kushwaha and Another Vs Union of India… — Company and Corporate | Allahabad HC (2020)

¶1

Court No. - 34

¶2

Case :- WRIT - C No. - 18407 of 2020

¶3

Petitioner :- Hari Prasad Kushwaha And Another Respondent :- Union Of India And Another Counsel for Petitioner :- Vipin Kumar Kushwaha Counsel for Respondent :- A.S.G.I.

¶4

Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Jayant Banerji,J.

¶5

Heard learned counsel for the petitioners. Shri Dinesh Varun, learned counsel has put in appearance on behalf of the Union of India.

¶6

At the outset, it has been stated by learned counsel for the petitioners that the dispute in the present case is squarely covered by the earlier decision of this Court in Civil Misc. Writ Petition No. 12498 of 2019 (Jai Shankar Agrahari vs. Union Of India and another) decided on 16.1.2020.

¶7

Following the said decision, this Court has already been disposed of the bunch of writ petitions namely Writ-C No. 14427 of 2018 (Chandra Kishore Singh vs. Union of India and another) alongwith the 133 other petitioners vide the following judgment and order dated 23.1.2020:-

¶8

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

¶9

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.

¶10

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:

¶11

"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.

¶12

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."

¶13

We have also gone through the record and above judgment and find that issues raised in these writ petitions are squarely covered by the aforesaid judgment.

¶14

For the reasons given in our judgment dated 16.01.2020 in Jai Shankar Agrahari (supra) and in the same terms and with same directions, all these writ petitions are partly allowed."

¶15

We are of the considered opinion that this writ petition be also disposed of on the same terms and conditions.

¶16

Order Date :- 17.11.2020 SK

Hari Prasad Kushwaha and Another v. Union of India and Another

Case brief

What is this about?

What did the court decide?

Hari Prasad Kushwaha and Another v. Union of India and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Ram Surat Bind Vs Union of India and 4 Others

Nagesh Prasad Vs State of U.P. and 3 Others

Smt. Sunita Vs Satyabhan

Savita Chandra Dwivedi and Another Vs State of U.P. and 4 Others

Bhagat Saran Bohra Vs U.P. Power Corporation Ltd. and 3 Others

Lalita Devi Vs State of U.P. and 3 Others