Shashi Pal Sharma & Anr vs Union Of India & Anr on 25 January, 2021

[Cites 4, Cited by 2]

Delhi High Court - Orders

Shashi Pal Sharma & Anr vs Union Of India & Anr on 25 January, 2021

Bench: Prathiba M. Singh

                                                                                             Signature Not Verified
                                                                                             Digitally Signed By:DINESH
                                                                                             SINGH NAYAL
                                                                                             Signing Date:26.01.2021
                                                                                             12:20:46

                                $~25
                                *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                +                    W.P.(C) 7536/2019
                                       SHASHI PAL SHARMA & ANR.                   ..... Petitioners
                                                     Through: Mr.      Sharad    Prakash        Pandey,
                                                                Advocate. (M: 9871739160)
                                                     versus

                                       UNION OF INDIA & ANR.                            ..... Respondents
                                                     Through:          Ms. Amrita Prakash, CGSC and Mr.
                                                                       Kushal Agarwal, Advs. for R-1 & 2.
                                       CORAM:
                                       JUSTICE PRATHIBA M. SINGH
                                                ORDER

% 25.01.2021

1. This hearing has been done through hybrid mode (physical and virtual hearing).

CM APPL.2578/2021

2. This is an application by the Respondent for condonation of 216 days' delay in filing the counter affidavit. For the reasons mentioned in the application, the delay is condoned. Application is disposed of. W.P.(C) 7536/2019

3. The present petition has been filed by the Petitioners - Mr. Shashi Pal Sharma and Mr. Raju Verma, who both were directors of Hi Digital Metrology Private Limited, which was registered on 3rd November, 2009 with the Registrar of Companies (hereinafter, "ROC"), Delhi. Due to non- filing of the company's balance sheets, annual returns etc., the said company was struck off from the register of companies. Consequently, the Petitioners were disqualified as directors from 1st November, 2016 to 31st October, 2021 under Section 164(2)(a) of the Companies Act, 2013 and the DINs/DSCs of Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:25.01.2021 22:26 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:26.01.2021 12:20:46 the Petitioners were also deactivated. The present writ petition has been filed seeking re-activation of the DINs/DSCs in order to enable the Petitioners to file the necessary documents and seek restoration of the company.

4. In view of the judgments of this Court in Mukut Pathak & Ors. v. Union of India & Ors., 265 (2019) DLT 506 as also Sandeep Agarwal & Anr. v. Union of India & Anr. [W.P.(C)5490/2020, decided on 2nd September, 2020] and Anjali Bhargava & Anr. v. UOI & Anr. [W.P.(C) 11264/2020, decided on 6th January, 2021], the DINs/DSCs of the Petitioners are directed to be reactivated within a week. If the Petitioners wish to seek restoration of the struck off company, the Petitioners are permitted to seek their remedies in accordance with law before the NCLT.

5. The petition is allowed in the above terms.

6. The digitally signed copy of the order shall be treated as the certified copy of the order for being filed before the ROC.

PRATHIBA M. SINGH, J.

JANUARY 25, 2021/dk/T Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:25.01.2021 22:26

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Delhi High Court - Orders