Disqualification as Director Quashed under Companies Act 2013

The Court set aside and quashed the petitioner's disqualification as a director under Section 164(2)(a) of the Companies Act, 2013, due to the company's failure to submit Form 32 regarding his resignation. The Court directed the respondent to promptly rectify their records, delete the petitioner's name from disqualification lists, and remove it from all Ministry of Corporate Affairs records within two weeks. A related application was dismissed, and necessary documents were ordered to be issued under the Court Master's signatures, ultimately favoring the petitioner and removing his disqualification as a director.

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Issues:
1. Disqualification of the petitioner under Section 164(2)(a) of the Companies Act, 2013.
2. Failure of the company to submit Form 32 regarding the petitioner's resignation.
3. Legality of the disqualification of the petitioner as a director.

Analysis:
The writ petitioner was appointed as a Director in a company but later resigned. However, the company failed to submit Form 32 regarding his resignation as required by the Companies Act, 1956. Subsequently, the respondent disqualified the petitioner under Section 164(2)(a) of the Companies Act, 2013, preventing him from being appointed as a director for five years. The petitioner challenged this disqualification, contending that his resignation should not lead to disqualification. The respondents did not dispute this claim.

The Court acknowledged that the petitioner's resignation from the directorship should not result in disqualification under Section 164 of the Companies Act. Therefore, the Court set aside and quashed the disqualification of the petitioner as a director, directing the respondent to rectify their records promptly. The respondent was ordered to delete the petitioner's name from the disqualification lists and remove it from all records in the Ministry of Corporate Affairs within two weeks.

Additionally, a related application was dismissed as it was no longer relevant after the disposal of the main petition. The judgment was concluded by ordering the issuance of necessary documents under the signatures of the Court Master. The writ petition was disposed of in favor of the petitioner, ensuring the removal of his disqualification as a director due to his resignation from the company and the failure to submit Form 32.

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