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Judgment
Anoop Chitkara, J
The petitioner has come up before this Court with the following prayers:
a) Issue appropriate Writ, Order or Direction, thereby declaring that the Section 164(2) (a) of the Companies Act, 2013 and the press
releases/impugned Notices dated 06.09.2017 & 12.09.2017 qua directors of Private Limited Company is unconstitutional, is in violation and in
contravention of the provisions of Part-III of the Constitution of India; and/or
b) Issue an appropriate writ, direction or order declaring the list of disqualified directors prepared by the respondents and present on the website of
respondent No.1, to the extent it pertains to the petitioner, as bad in law and thereby quashing/setting aside the same ; and
c) Issue an appropriate writ, direction or order directing the respondents to allow the petitioner to issue his digital signature certificate and Director
identification Number.
Mr. Rajesh Kumar Sharma, learned Assistant Solicitor General of India submits that the relief as sought is fully covered by the judgment of this
Court in CWP No. 1458 of 2020, titled Halindi Hydro Electric Project (P) Ltd. versus Union of India & Others, and its connected matters.
We have gone through the pleadings. For the relief the petitioner seeking before the writ Court in fact, the remedy lies before the Company Law
Tribunal under Section 252 of the Companies Act.
Learned counsel for the petitioner submits that the Company Law Tribunal may not be inclined to consider his prayer for re-activation of the DIN.
Mr. Rajesh Kumar Sharma, learned Assistant Solicitor General of India, submits that the Company Law Tribunal has wide powers and against all
actions of the Registrar, the appeal would lie to the Tribunal. Given the fact that the judgment of this Court passed in CWP No. 1458 of 2020, covers
the present case in all fours, the writ petition is closed with the observation that we are not expressing any opinion on the merits of the case and
reserving the liberty to the petitioner to approach the Tribunal under the Companies Act. It is made clear that the time spent by the petitioner-
Company, during the pendency of the present petition shall not be computed for the purposed of limitation. Pending application(s), if any, are closed.
Copy Dasti.