Court injunction restrains enforcing disqualification/DIN Status, directs communication via website copy. Petitions disposed of.

The court granted an injunction restraining respondents from enforcing the disqualification/DIN Status, directing the petitioner to communicate the order to respondents for compliance through a website copy. The petitions were disposed of, with provision for urgent certified website copies upon formalities completion.

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Issues:
Challenge to disqualification under Section 164(2) of the Companies Act, 2013 based on resignation, immediate effect of resignation under Section 168(2), reliance on Delhi High Court order, entitlement to injunction against disqualification/DIN Status.

Analysis:
The petitioner challenged an undated document revealing disqualification by the Registrar of Companies under Section 164(2) of the Companies Act, 2013. The petitioner, a director of four companies, contended that only one company was in default, and submitted a resignation letter effective from 18th March, 2016, which was rejected due to high liabilities. The petitioner relied on Section 168(2) stating immediate resignation effect upon receipt by the company and cited a Delhi High Court order setting aside disqualification upon resignation from directorship.

Upon perusal, the court noted the petitioner renewed the digital signature on 17th January, 2020, and became aware of the disqualification document between January and March 2020. Emphasizing Section 168(2) for immediate resignation effect, the court found the petitioner's resignation effective from 18th March, 2016, supported by a lawsuit seeking declaration of non-directorship. The court aligned with the Delhi High Court order as the petitioner resigned before disqualification, without being informed of the disqualification reasons.

Consequently, the court granted an injunction restraining respondents from enforcing the disqualification/DIN Status, directing the petitioner to communicate the order to respondents for compliance through a website copy. The petitions were disposed of, with provision for urgent certified website copies upon formalities completion.

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