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TMI Blog2020 (6) TMI 93X X X X Extracts X X X X X X X X Extracts X X X X ..... nge the status of the petitioner in the records of the respondent Nos. 1 and 2 from the list of disqualified directors and consequently unfreeze the Directors Identification Number and the Digital Signature Certificate (DSC) of the petitioner - The pre requisition of issuing a writ in the nature of mandamus is that there must be a legal right of the litigant, such right must be violated by the respondents and upon right being violated, there must be a representation for removal of such violation and upon consideration thereof, such request for removing the violation be refused. In the instant case, the petition is devoid of any material which may indicate as to a legal right in favour of the petitioner for being removed as a disqualified ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t Leiren Mansion, Opposite Lamphel Super Market, Imphal, Manipur. 3. Being one of the directors of the respondent No.3 company, the Directors Identification Number (DIN) was issued in favour of the petitioner by the respondent Nos. 1 and 2 and the number allotted was 00462768. Under Section 164(2)(a) of the Companies Act, 2013 no person who is or has been a director of a company which has not filed its financial statements or annual reports for any continuous period of three financial years be eligible to be reappointed as a director of that company or appointed in other company for a period of five years from the date on which the said company fails to do so. 4. The first proviso to Section 164(2)(a) provides that where a person is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner appears at Serial No.167. 7. Being aggrieved by the inclusion of the petitioner in the said list of the directors who were identified as disqualified, this instant writ petition is instituted with the following prayers:- a) Directing the respondent No.1 and 2 that the publication of the name of the petitioner on the list of disqualified directors uploaded and published on the website of respondent No.1 is arbitrary and liable to be quashed to the extent pertaining to the petitioner; b) Directing the respondent Nos. 1 and 2 not to treat the petitioner as disqualified director under Section 164 of the Companies Act, 2013 and for any consequential measures and /or effects arising/contemplated there from; c) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 not to consider the petitioner as a disqualified director under Section 164(2)(a) of the Companies Act, 2013 and for a further direction to change the status of the petitioner in the records of the respondent Nos. 1 and 2 from the list of disqualified directors and consequently unfreeze the Directors Identification Number and the Digital Signature Certificate (DSC) of the petitioner. 9. The pre requisition of issuing a writ in the nature of mandamus is that there must be a legal right of the litigant, such right must be violated by the respondents and upon right being violated, there must be a representation for removal of such violation and upon consideration thereof, such request for removing the violation be refused. 10. The sai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te (DSC) and to get himself removed from the list of disqualified directors. In doing so, a hearing be also given to the petitioner so as to enable him to present his case before the Registrar. Upon such application being made, it is directed that the Registrar of Companies shall pass a reasoned order within a period of 15 days from such application being submitted in the Office of the Registrar of Companies. It is provided that the petitioner shall file any such application if so advised within a period of 7 days from today. In the event, such application is not filed, the continuation of the interim order dated 20.02.2020 shall remain withdrawn and the Registrar Companies will be at liberty to take any action against the petitioner. In th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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