High Court Orders Company Incorporation with Correct Details, Relieving Petitioner of Liability. The High Court directed that the company be deemed incorporated with the correct director details, absolving the Petitioner of any liability. ...
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High Court Orders Company Incorporation with Correct Details, Relieving Petitioner of Liability.
The High Court directed that the company be deemed incorporated with the correct director details, absolving the Petitioner of any liability. Rectifications on official records were mandated within four weeks, relieving the Petitioner from association or liability towards the company.
Issues: The issue involves the incorrect use of the Petitioner's DIN number for the incorporation of Respondent No. 2 company, leading to the Petitioner being wrongly reflected as a Director in the company.
Judgment Details: The Petitioner, Mr. Sunil Rawat, approached the Court under peculiar circumstances where his name was wrongly reflected as a Director in Respondent No. 2 company due to the incorrect submission of his DIN number during the incorporation process. Despite efforts to disassociate himself, the Petitioner remained associated with the company against his will.
The Petitioner sought a writ to cancel the Certificate of incorporation or strike off the company from records due to the misuse of his DIN number. Respondent No. 2 provided an indemnity to the Petitioner, stating that the use of his DIN number was inadvertent and by a bona fide mistake.
The Ministry of Corporate Affairs clarified that the appropriate jurisdiction for the case would be the High Court of Gujarat as the company was incorporated there. The master data of Respondent No. 2 showed the correct directors and their DIN numbers, highlighting the initial error in the submission.
The Court directed that the company shall be deemed to have been incorporated with the correct details of directors as per the petition, absolving the Petitioner of any liability. The necessary rectifications on the MCA website or ROC records were to be completed within four weeks of the application filing.
In conclusion, the petition was disposed of with the mentioned directives, ensuring the correction of records and relieving the Petitioner from any association or liability towards Respondent No. 2 company.
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