Alok Kumar Rai vs Union Of India & Anr on 16 March, 2021

[Cites 2, Cited by 0]

Delhi High Court - Orders

Alok Kumar Rai vs Union Of India & Anr on 16 March, 2021

Bench: Prathiba M. Singh

                                                           Digitally Signed By:DINESH
                                                           SINGH NAYAL
                                                           Signing Date:17.03.2021 16:56:29


$~36
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+                          W.P.(C) 3399/2021
       ALOK KUMAR RAI                                       ..... Petitioner
                           Through:     Mr. Varun Kashyap, Advocate.
                           versus

       UNION OF INDIA & ANR.                           ..... Respondents
                     Through:           Mr. Prakash Yadav, Advocate for
                                        UOI.
       CORAM:
       JUSTICE PRATHIBA M. SINGH
                    ORDER

       %            16.03.2021
1.     The Petitioner was a Director in the following two companies:
       (i)     M/s Kamakhaya Carbons Pvt. Ltd.; and
       (ii)    M/s Parmatama Ferro Alloys Pvt. Ltd.

2. The company at serial no.(i) has been struck off from the Register of companies due to non-filing of its annual returns and balance sheets. However, the company at serial no. (ii) is stated to be `Active' as per the Master Data placed on record. The Petitioner was also disqualified as a director under Section 164(2)(a) of the Companies Act, 2013 with effect from 1st November, 2016 to 31st October, 2021. His DIN/DSC was also deactivated.

3. Ld. counsel for the Petitioner submits that the Petitioner wishes to file the returns and carry on business in the active company and also undertake compliances in respect of the struck off company.

4. Accordingly, following the judgment of this Court in Mukut Pathak & Ors. v. UOI & Ors., 265 (2019) DLT 506, the disqualification of the Digitally Signed By:DINESH SINGH NAYAL Signing Date:17.03.2021 16:56:29 Petitioner qua the active company at serial no. (ii) is set aside. His DIN/DSC is however reactivated qua both companies, in order to enable the Petitioner to undertake compliances in respect of the struck off company and carry on business of the active company. The Petitioner's DIN/DSC be reactivated by the ROC, Delhi within one week.

5. The Petitioner's remedies to seek restoration of the struck off company from the NCLT, in accordance with law, are left open.

6. With these observations, the petition and all pending applications, is disposed of.

PRATHIBA M. SINGH, J MARCH 16, 2021 dj/T

Unlock Advanced Research with PRISMAI

Delhi High Court - Orders