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TMI Blog2020 (9) TMI 1189X X X X Extracts X X X X X X X X Extracts X X X X ..... at in the capacity of promoter the Petitioner/s can nominate any person as a director and follow section 167(3) of the Act to apply under the Scheme, it is not necessary for us to issue any further directions. This course of action is, therefore, available to the Petitioner/s regarding the Scheme. - WP-LD-VC- 345 OF 2020 AND WRIT PETITION (L) NO. 3219 OF 2020, AND LD-VC-LA- 1 OF 2020 IN WRIT PETITION (L) NO. 1692 OF 2019, AND INTERIM APPLICATION NO. 2734 OF 2020 IN WRIT PETITION (L) NO. 2828 OF 2019 - - - Dated:- 22-9-2020 - NITIN JAMDAR AND MILIND JADHAV, JJ. Mr. Vikramditya Deshmukh, Ms. Shreni Shetty and Ms. Krusha Maheshwari i/b. ANB Legal for the Petitioners. WPL-3219.2020: Ms. Divya Sharma with Mr. Pritesh Burad and Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ir disqualification and for activation of DIN. Writ Petition (L) No.2828/2019 is filed by a director, who has been disqualified, challenging the said action and also seeking a direction to permit the Petitioner to take necessary steps for striking of the name of the company. According to this Petitioner, there is discord with the other directors of the company who are not interested in its affairs. 5. As regards interim relief regarding disqualification is concerned, we note the order passed by the Division Bench of this Court on 7 February 2020 in a group of matters of which Writ Petition (L) No.2828/2019 was also a part. By a speaking order, the Division Bench has not granted any interim relief in respect of the disqualification. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under section 455 of the Act before this Scheme; e. to vanishing companies; f. Where any increase in authorized capital is involved (Form SH-7) and also charge related documents (CHG-1, CHG-4, CHG-8 and CHG-9); 8. The learned Additional Solicitor General submits that for the Company applying under the Scheme, the DIN of the petitioners does not need to be activated as there is a provision in the Companies Act 2013 itself which will serve the same purpose. The learned Additional Solicitor General has drawn our attention to section 167(3) of the Companies Act, 2013, which reads as under: 167. Vacation of office of director.- (1) .. .. (2) .. .. .. .. (3) Where all the directors of a company vaca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that they would follow the course of action indicated by the learned Additional Solicitor General. As regards Writ Petition (L) No.2828/2019 is concerned, the theory of discord between the directors is too general to prove it by evidence. Nothing stops this Petitioner from persuading the other directors or the promoter from nominating any other person as a director to apply under the Scheme. We have to also keep in mind the delay and the stage at which the Petitioner has approached this Court regarding the Scheme. 11. Since the position has been clarified by the learned Additional Solicitor General as above, that in the capacity of promoter the Petitioner/s can nominate any person as a director and follow section 167(3) of the Act to ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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