The Court removed the petitioner's name from the list of disqualified directors, holding he could not be penalized for the company's statutory failure after his resignation, subject to future proof of false claims.
Respondents directed to remove petitioner's name from disqualified directors list and post order/communicate within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision : 23rd March, 2018 VIVEK KHANNA ..... Petitioner Through : Mr. Alok Kumar Kuchhal, Mr. Manish Jain and Ms. Chanchal Yadav, Advs. versus
UNION OF INDIA AND ORS. ..... Respondents Through : Ms. Maninder Acharya, ASG with Mr. Amit Mahajan, CGSC.
CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
GITA MITTAL, ACTING CHIEF JUSTICE
W.P.(C)No.2437/2018 Page 1 of 2
number of the petitioner was restored.
(ii) The orders to this effect would be posted on the website and shall also be communicated to the petitioner within two weeks from today.
(iii) It is clarified that this would not preclude the Registrar of Companies from passing a fresh order disqualifying the petitioner, if any material is found or produced before the ROC to indicate
that the petitioner’s statement that the petitioner had never consented to act as a Director of the Company, is false, or any material is produced which establishes that the petitioner had acted as a Director of the Company in any manner.
ACTING CHIEF JUSTICE
C.HARI SHANKAR, J
MARCH 23, 2018 aj
W.P.(C)No.2437/2018 Page 2 of 2
3 issues framed by the court
Whether the petitioner can be penalized for the company's failure to file Form 32 after he resigned as Director.
Whether the petitioner's name should be removed from the list of disqualified directors.
Whether a fresh disqualification order can be passed if the petitioner's claim of non-consent is found false.
Vivek Khanna
Union of India
C. Hari Shankar
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
