Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Kiran Vats vs Union Of India & Anr on 25 February, 2021

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                                                                                              Signature Not Verified
                                                                                              Digitally Signed By:DINESH
                                                                                              SINGH NAYAL
                                                                                              Signing Date:26.02.2021
                                                                                              23:19:46

                                $~34

                                *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                +          W.P.(C) 2627/2021 & CM APPL. 7779/2021 (interim stay)
                                       KIRAN VATS                                   ..... Petitioner
                                                      Through: Mr. Nitesh Kumar Sinha, Advocate
                                                                (M-9871500827)
                                                      versus
                                       UNION OF INDIA & ANR.                     ..... Respondents
                                                      Through: Ms. Arti Bansal, Advocate.

                                       CORAM:
                                       JUSTICE PRATHIBA M. SINGH
                                                ORDER

% 25.02.2021

1. This hearing has been done through video conferencing.

2. The Petitioner is a director in the following three companies:

                                       i)     AR IT Solutions Pvt. Ltd.
                                       ii)    Ekdant Township Pvt. Ltd.

iii) Vishvadhar Construction Pvt. Ltd.

3. The company at serial no. (ii) has been struck off from the Register of companies due to non-filing of balance sheets and annual returns. Consequently, the Petitioner was disqualified under Section 164(2) of the Companies Act, 2013 in September, 2017 and her DIN/DSC was deactivated. Since the other two companies are active companies, the Petitioner prays for reactivation of her DIN/DSC, as also the setting aside of her disqualification.

4. Mr. Nitesh Sinha, ld. Counsel appears for the Petitioner and submits that the Petitioner wishes to file returns for the active companies. Ms. Bansal, ld. Counsel appears for the Union of India.

5. Considering the judgments of this Court in Mukut Pathak & Ors. v. UOI & Ors., 265 (2019) DKT 506 and Anjali Bhargava & Anr. v. UOI & Anr. [W.P.(C) 11264/2020, decided on 6 January, th 2021], the disqualification of the Petitioner qua the active companies stands set aside. The Petitioner's DIN/DSC is directed to be reactivated within a period of one week from today.

6. Petition is disposed of in the above terms. All pending applications are also disposed of.

PRATHIBA M. SINGH, J FEBRUARY 25, 2021 Rahul//T Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:26.02.2021 19:35