DIRECTOR LAKHABHAI KESHWALAversusUNION OF INDIA
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- HEMANT M PRACHCHHAK
Holding
The petition is dismissed and the impugned disqualification order is quashed as the five‑year period of disqualification has already expired.
Summary
The petitioner, Director Lakhabhai Keshwala, challenged an order that disqualified him as a director under Section 164(2)(a) of the Companies Act, 2013, which imposed a five‑year ban that has now expired. An interim order dated 18‑04‑2022 stayed the disqualification, allowing the petitioner to enjoy the benefits of the stay during the pendency of the petition. The court observed that the period of disqualification prescribed in the impugned order had already elapsed, and no further relief could be granted. Consequently, the petition was disposed of by quashing the impugned disqualification order. The court made the rule absolute and awarded costs.
Issues considered
- What is the effect of a disqualification order under Section 164(2)(a) of the Companies Act, 2013 when its prescribed period has expired?
- Can a petition challenging such an order be entertained after the disqualification period has elapsed?
Legislation cited
- Companies Act, 2013s. 164(2)(a)
Subjects
Judgment
C/SCA/7880/2021 JUDGMENT DATED: 06/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7880 of 2021
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-
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Approved for Reporting Yes No
No
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DIRECTOR LAKHABHAI KESHWALA
Versus
UNION OF INDIA & ANR.
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Appearance:
MR SUDHIR M MEHTA(2058) for the Petitioner(s) No. 1
MS SHAILEE S MEHTA(5873) for the Petitioner(s) No. 1
MR CHAITANYA S JOSHI(5927) for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 06/04/2026
JUDGMENT
In this petition, the order of disqualifying the
petitioner as Director of the Company in exercise of the
powers vested under Section 164(2)(a) of the Companies
Act, 2013 published on the website of the Ministry of
Corporate A(airs, Registrar of Companies, Ahmedabad is
under challenge. The said period of disquali,cation was
for a period of 5 years from the date of order of such
disquali,cation which admittedly has expired after the
period of 5 years. Challenging said order, petitioner has
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C/SCA/7880/2021 JUDGMENT DATED: 06/04/2026
approached this Court by the present Special Civil
Application and an interim order had been passed on
18.04.2022 staying such disquali,cation and by virtue of
the same, petitioner herein was extended the bene,t of
the said interim order and the period of disquali,cation
having expired or has got spent itself, nothing further
survives for consideration in this petition. Hence, clearly
observing that the petitioner had the bene,t of execution
and implementation of the impugned order during the
pendency of the present petition from the date of ,ling of
the petition till date and the period of disquali,cation
,xed under the impugned order having also got spent
itself, the petition stands disposed of by quashing the
impugned orders. Rule is made absolute to the aforesaid
extent. Costs made easy.
Sd/-
(HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 06/04/2026 17:07:20
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