Delhi High Court - Orders
Karan Kapur vs Ministry Of Corporate Affairs And Anr on 12 August, 2021
Author: Rekha Palli
Bench: Rekha Palli
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6137/2021 & CM APPL.19429/2021
KARAN KAPUR ..... Petitioner
Through Mr.Ashutosh Pandey, Adv.
versus
MINISTRY OF CORPORATE AFFAIRS AND ANR
..... Respondent
Through Mr.Niraj Kumar, CGSC.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 12.08.2021
1. Vide the present petition, the petitioner, who is a director in respect of M/s Nexus Aviation Solution Pvt. Ltd., which has been struck off by the Registrar of Companies on the ground of non-filing of annual returns and financial statements under Section 164(2)(a) of the Companies Act, 2013, seeks quashing of the list of disqualified directors published on the respondent's website for the financial years 2014-15, 2015-16 and 2016-17, insofar as it relates to the petitioner. Consequently, the petitioner has been barred from acting in the capacity of a director for any company for a period of five years w.e.f. 01.11.2017 up till 31.10.2022 and pursuant to the disqualification, his Director Identification Number ("DIN") and Digital Signature Certificate ("DSC") have also been cancelled.
2. Learned counsel for the petitioner submits that the present petition is Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:13.08.2021 14:12:42 squarely covered by the decisions of this Court in Mukut Pathak & Ors. vs. Union of India & Ors. [(2019) 265 DLT 506] and Anjali Bhargava & Anr. vs. Union of India & Anr. [2021 SCC Online Del 195].
3. Issue notice. Mr.Niraj Kumar, Adv. accepts notice on behalf of the respondents and does not dispute the aforesaid position.
4. In the light of the aforesaid stand taken by the parties, as also the admitted position that the disqualification of the petitioner took place w.e.f. 01.11.2017 and preceded the statutory amendment to Section 164(2)(a) of the Companies Act w.e.f. 07.05.2018, the present petition is entitled to succeed.
5. The petition is, accordingly, allowed by quashing the list insofar as it relates to the petitioner. The respondents are directed to restore the Director Identification Number and the Digital Signature Certificate of the petitioner within a period of three weeks.
6. The petition, along with the pending applications, is disposed of in the aforesaid terms.
REKHA PALLI, J AUGUST 12, 2021 sr Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:13.08.2021 14:12:42