This writ petition challenged the striking off of the petitioner's name as a director due to non-filing of financial returns. The High Court dismissed the petition relying on a prior Karnataka judgment upholding disqualification for non-compliance.
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 KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JANUARY, 2021
BEFORE
THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.455/2021 (GM - RES)
BETWEEN:
MOHAMED AKARMA, S/O BADRUDDIN SAHEB, AGED ABOUT 60 YEARS, RESIDING AT 17-16-12-1240/1(2), JAIN COMPOUND, MANGALORE, KARNATAKA - 574 104.
... PETITIONER
(BY SRI.S.SUDHARSHAN, ADVOCATE)
AND:
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KENDRIYA SADANA, KORAMANGALA, BENGALURU – 560 034.
… RESPONDENTS
(BY SMT.ANUPAMA HEGDE, CGC)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH STRIKING OFF THE NAME OF THE PETITIONER FROM THE IMPUGNED LIST VIDE ANNEXURE–A AND CONSEQUENTIALLY PERMITTING THE PETITIONERS TO CONTINUE AS A DIRECTOR ON THE BOARDS OF COMPANY ON WHICH THEY HAVE BEEN APPOINTED AS A DIRECTOR.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
Smt.Anupama Hegde, learned CGC accepts notice for the respondents.
The said Company has not filed financial returns for the years 2014-15 and 2015-16 and he has been
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disqualified for appointment as a director as per Section 164(2) of the Companies Act, 2013. This Court in Yashodhara Shroff Vs. Union of India,
rep. by its Secretary, Ministry of Corporate Affairs, New Delhi and Another1 has upheld the disqualification, if the financial returns subsequent to 01.04.2014 are not filed. In that view of the matter, this petition must fail and it is accordingly dismissed.
No costs.
Sd/- JUDGE
PB
1 ILR 2019 KAR 3768
3 issues framed by the court
Whether the name of the petitioner should be struck off the director list of Sahara Medical Tourism and Hotels Private Limited due to non-filing of financial returns for 2014-15 and 2015-16.
Whether the petitioner is disqualified from appointment as a director under Section 164(2) of the Companies Act, 2013.
Whether the writ petition seeking quashing of the striking off order should be allowed.
Colour shows how this judgement treated each authority
Yashodhara Shroff Vs. Union of IndiaRelied on¶25
_Yashodhara Shroff Vs. Union of India, rep. by its Secretary, Ministry of Corporate Affairs, New Delhi and Another_ 1 ILR 2019 KAR 3768
2 provisions across 2 enactments
Mohamed Akarma
Union of India, represented by Ministry of Corporate Affairs
Registrar of Companies
P.S. Dinesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
