Disposed

Sudhershan Singh Rathore Kunwar v. Union of India

Andhra Pradesh HC8 Oct 2020WP/13334/2020

Case brief

AI extract

What is this about?

The Single Judge bench of HON'BLE SRI JUSTICE A.V.SESHA SAI disposed of the Writ Petition following a similar order by the High Court of Telangana and Andhra Pradesh in W.P.No.17409 of 2018. The petition seeks restoration of DIN to file annual returns for active companies registered in Andhra Pradesh.

What did the court decide?

Restoration of Director Identification Number (DIN) for active companies registered within Andhra Pradesh to enable filing of annual returns and financial statements.

Sudhershan Singh Rathore Kunwar Vs Union of India — Company and Corporate | Andhra Pradesh HC (2020)

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THE HON’BLE SRI JUSTICE A.V.SESHA SAI

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WRIT PETITION No.13334 OF 2020

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ORDER:-

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This Writ Petition is filed seeking the following relief:

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“…declaring the action of respondents in disqualifying/ expunging the petitioner’s Director Identification Number (DIN No.01892486) vide impugned order dated 04.12.2019 published on the website of respondents as arbitrary, illegal, unconstitutional and against the principles of natural justice in violation of the fundamental rights of the petitioner resulting in automatic disqualification and vacation of office of Director in other active company (ies) thereby violating Article 19 (1) (g) and Article 21 of the Constitution of India and consequently set aside the impugned order Dt.01.11.2016 passed by Respondent No.1 in deactivating the petitioner’s Director Identification Number (DIN No.01892486) so as to permit the petitioner to file/submit e-forms for annual returns of the company and pass…”

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When the matter came up for hearing, learned counsel for the petitioner as well as Sri N.Harinath, learned Assistant Solicitor General of India appearing for the respondents, submit that in similar facts and circumstances, the High Court of Judicature for the State of Telangana and the State of Andhra Pradesh disposed of batch of Writ Petitions in W.P.No.17409 of 2018 and batch.

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In view of the same and following the order dated 11.10.2018 passed in W.P.No.17409 of 2018 and batch, this Writ Petition is also disposed of, directing the respondents to restore the Director’s Identification Number of the petitioner, if the companies in which he is disqualified are registered within the State of Andhra Pradesh, so as to enable him to submit annual returns and financial statements of the active companies in which he is a Director. It is also made clear that this order holds good only for active companies. There shall be no order as to costs.

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Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

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__________________________ JUSTICE A.V.SESHA SAI

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08.10.2020 DRK

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THE HON’BLE SRI JUSTICE A.V.SESHA SAI

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WRIT PETITION No.13334 OF 2020

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