2020 (3) TMI 806

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.... Mr. Saptarshi Banerjee, Mr. A.K. Upadhyay For the petitioners: Mr. Saptarshi Banerjee, Mr. Somesh Ghosh, For the Union of India: Mr. Kamal Singh, Subhankar Chakraborty, Mr. Shiv Chandra Prasad, Mr. S. Tiwari JUDGMENT Sabyasachi Bhattacharyya, 1. The common question involved in all the present writ petitions is, whether the disqualification of the petitioner's Director Identification Number (DIN) would operate in respect of the defaulting company only or all other companies in respect of which the petitioner is a Director. 2. Learned counsel appearing for the petitioner in the respective cases rely upon three unreported judgments of this court, which are as follows: (i) Chetan Chokhani vs. Union of India and others [W.P. No. 2....

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....said sub‐section with the second part thereof. Sub‐section (2) of Section 164 starts with the expression "no person, who is or has been a Director of a company", which has committed defaults specified therein, while the sub‐section ends with the expression "shall be eligible to be re‐appointed as a Director of that company or appointed in other company for a period of five years from the date on which the said company fails to do so". 6. Thus, a specific distinction is made in the sub‐section between the directorship of a person of a defaulting company, in respect of which the eligibility of 're‐ appointment' as a Director has been prevented, whereas, as regards other companies, the term 'app....