Sahil Rajnikant Patel vs Union Of India

Gita Gopi, J

Heard Mr. Pranav S. Trivedi, learned advocate for the petitioner and Mr. Kshitij M. Amin, learned advocate for the respondent-Union of India.

Mr. Pranav Trivedi, learned advocate for the petitioner submitted that the interim relief against the action of the respondent for disqualifying him as Director under Section 164(2) of the Companies Act, 2013, and his Director Identification Number ("DIN") 01059017 is deactivated by applying provisions of law retrospectively. Mr. Pranav Trivedi, learned advocate for the petitioner submitted that such an action without granting any opportunity of hearing, being an act which is completely non-est and contrary to the provisions of law.

Mr. Pranav Trivedi, learned advocate for the petitioner submits that the petitioner was appointed as a Director in two companies; one of them are Pollux Softech Pvt. Ltd., and other was Bascom Bridge Education Pvt. Ltd., and since both the companies were inactive and were not carrying on any business since last two years the Company did not get anticipated project or opportunities to provide software development, the activities could not commence its business operations, and therefore, both the companies were struck off by Registrar of Companies, however, without any notice, the DIN was inactive.

Mr. Pranav Trivedi, learned advocate for the petitioner submitted that the Rule was issued on 13.10.2021 in the main matter. He further states that in group of matters i.e. Special Civil Application No.101 of 2019 and allied matters, by way of interim relief the DIN of the petitioner are activated. Learned advocate for the petitioner has referred to the order passed in group of matters on 18.07.2019 and accordingly he stated that the undertaking was required to be given by the present petitioner for not using active DIN in the two unlisted companies. Referring to the undertaking of the petitioner, learned advocate for the petitioner submits that the order of the respondent No.2 be stayed and the DIN of the petitioner being Director Identification Number ("DIN") 01059017 be activated with immediate effect.

Since the petitioner has filed an undertaking on 30.10.20201 affirming that his DIN after its activation would not be used the two companies being unlisted i.e. Pollux Softech Pvt. Ltd., and other was Bascom Bridge Education Pvt. Ltd. Considering the aforesaid facts and circumstances of the case, interim relief in terms of para 8 (B) is granted. The application is accordingly disposed of. Direct service is permitted.