Mr. Joshua Paul Voola V. Union of India and another

WP/12367/2020

AI Insights

The case revolves around the disqualification of Mr. Joshua Paul Voola, a director, and the deactivation of his DIN by the Registrar of Companies, Telangana. The disqualification was based on the non-filing of financial statements and annual returns for three consecutive years, as per Section 164(2)(a) of the Companies Act, 2013. The petitioner challenged the decision, arguing that the action was arbitrary, illegal, and violated principles of natural justice, particularly as it was applied retrospectively despite the law being prospective. The court examined the applicability of the Companies Act, 2013, and its rules, particularly focusing on the retrospective application of disqualification and the grounds for DIN deactivation.

• Counselvise Citation: [2020] 140 COUNSELVISE.COM (IT) 740680 (HC-TELANGANA)
• Appeal Type: Others
• Pronouncement Date: 17-08-2020
• Assessment Year: misc
• Other Referred Cases: COMMISSIONER OF INCOME TAX (CENTRAL)-L NEW DELHI v. VATIKA TOWNSHIP PRIVATE LIMITED, YASHODHARA SHROFF vs. UNION OF INDIA, GAURANG BALVANTLAL SHAH S/O BALVANTLAL SHAH vs. UNION OF INDIA, BHAGAVAN DAS DHANANJAYA DAS vs. UNION OF INDIA
• Laws Referred To: Companies Act, 2013, Companies (Appointment of Directors) Rules, 2014, Constitution of India
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: NAMAVARAPU RAO
• Assessee Lawyers: AJAY MANDADAPU
• Keywords: DIN Deactivation; Director disqualification; Natural justice violation; Writ of Mandamus
• Section: 151; 226; 248; 252; 164(2)(a)

Judgement Text

"HIGH COURT FOR THE STATE OF TELANGANA (Special Original J urisd iction) IVONDAY, THE SEVENTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY PRESE NT HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No. 12367 OF 2020 Between: 4,4r. Joshua Paul Voola, S/o. Ravi Kumar, Aged About 36 Years, Occ. Business. R/o. 10-25-38, Christianpet 1st Lane Kavali, Nellore, Andhra Pradesh . lndia-524201 . ...PETITIONER AND 1 Union of lndia, The Ministry of Corporate Affairs, Represented by its Secretary 'A' Wing, Shastri Bhawan, Rajendra Prasad Road, New Delhi - 1 10 01 1 The Registrar of Companies, Telangana State, 2nd Floor, Corporate Bhawan, GSI Post, Tattianaram, Nagole, Bandlaguda, Hyderabad - 500 068 ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order or direction or any other proceeding one in the nature of Writ of lVandamus declaring the action of respondents in deactivating the DIN Number 01623732 for the disqualification period from 111112016 lo 3111012021 of Ihe Petitioner and restricting the petitioners from filing statutory returns, i.e., the annual returns of the companies in which the petitioner is director. as arbrtrary, illegal, wrthout jurisdiction. contrary of the provisions of the Companies Act, 20'1 3 and Rule 11 of the Companies (Appointment of Directors) Rules, 2014, violation of the pr ncrple of natural justice bes des violating the petitroner rights guaranteed under Art c e 14 and Article 19 (1) (g) of the Constitution of lndla lA NO: 1 OF 2020 Petjtion under Section 151 CPC praying that in the circumstances stated in the affidavit filed in suppod of the petition, the High Court may be pleased to direct the 1st respondent to restore the DIN number 01623732 for the disqualification period lrcm 111112016 la 3111012021 of the Petitioner. So as to enable him to submlt the annual returns and Financial Statements of the companies in which the petittoner is acting as d irector. Counsel for the Petitioner: SRI AJAY BABU MANDADAPU Counsel for the Respondents: SRI NAMAVARAPU RAJESHWAR RAO, (ASSGI) The Court made the following: ORDER 2 HON'BLE SRI JUSTICE A.RAJASHEKER REDDY Writ Petition No.12367 OF 2O2O ORDER: Learned counsel for the petitioner as weil as Sri Namavarapu Rajeshuar Rao, learned Assistanl Solicitor General ol India, appearing for the respondents submits that the lis in this Writ Petition is squarelr, covered bl the Common Orders ol this Court in WP No.5422 of 2018 &, Lratcl'r. da ted 18.07.20 I !). Irr ricrl ril the same and lor the reasons alike in the Common Ordcr in 'P No.c..l22 o1 2018 & batch, daLcd 18.07.2019, this Writ Petition is :,rlso a llori lrl. l-lr,:r, shall bc no or-cler its lo costs. As :t sccluei iilcrri'.o. nr jscr'lliLr.rrous irpplit irtiorrs. il anr', perrding in this Writ Petitlot'r. sl-r.ril stand d ispr> sr: