2018 (2) TMI 1572

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.... JUDGMENT (ORAL) GITA MITTAL, ACTING CHIEF JUSTICE 1. The petitioner in this case is a promoter Director in several companies engaged in the real estate business which forms part of the "Krrish Group". On 24th April, 2010, the petitioner was appointed as a Director of M/s Arnav Buildwell Pvt. Ltd. The writ petition states that the petitioner does not have any shareholding in the company a....

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....he resignation which he had tendered on 20th February, 2015 to the company had not been filed with the Registrar of Companies. This disqualification by the Ministry of Corporate Affairs has seriously impacted the petitioner's functioning as a Director in other companies where he has responsibilities for decision making and the day-to-day affairs of those companies. The same is also impacting the r....

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....f the Companies Act, 2013 and stands validly registered with the Registrar of Companies maintained by the respondent no.2. 8. Premised on these facts, the petitioner inter alia has challenged his disqualification and also the constitutionality of Sections 164(2)(a) as well as 167(1)(a) of the Companies Act, 2013 by which the petitioner has been disqualified from occupying the office of Director....

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....n a fair opportunity to make good defects/faults. 11. In view of the above, it is directed as follows: (i) The petitioner may file all the requisite returns in relation to the company in order to enable him to avail the benefits under the CODS-2018 Scheme; (ii) The petitioner would also submit the necessary application under CODS-2018 Scheme along with its requisite charges; (iii) The ....