Shahid Ali Khan vs Union Of India & Anr on 5 March, 2021

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Delhi High Court - Orders

Shahid Ali Khan vs Union Of India & Anr on 5 March, 2021

Bench: Prathiba M. Singh

                                                                                             Signature Not Verified
                                                                                             Digitally Signed By:DINESH
                                                                                             SINGH NAYAL
                                                                                             Signing Date:06.03.2021
                                                                                             18:48:05

                                $~34
                                *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                +      W.P.(C) 2984/2021, CM APPLs. 9033/2021 & 9034/2021
                                       SHAHID ALI KHAN                                    ..... Petitioner
                                                           Through:     Mr. Yashoaj Guglani, Advocate.
                                                           versus

                                       UNION OF INDIA & ANR.                              ..... Respondents
                                                     Through:           Ms. Prema Priyadarshini (Senior
                                                                        Panel Counsel, UOI.
                                       CORAM:
                                       JUSTICE PRATHIBA M. SINGH
                                                ORDER

% 05.03.2021

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

2. The Petitioner is a Director in three companies:

                                       (i)     Doaba Power Pvt. Ltd.
                                       (ii)    Wrexim Falcon Trade and Management Private Ltd.
                                       (iii)   Ecorich Foods India Pvt. Ltd.

3. It is submitted by ld. Counsels for the Petitioner that Doaba Power Pvt. Ltd. was struck off vide letter dated 12th September 2017, due to non- filing of balance sheets and annual returns. Consequently, the Petitioner was disqualified for the period of 2016-21, under Section 164(2)(a) of the Companies Act, 2013, and his DIN/DSC was deactivated.

4. Ld. Counsel for the Petitioner prays for re-activation of the DIN/DSC as he wishes to conduct business qua the other active companies.

5. Following the judgments in Mukut Pathak & Ors. v. Union of India & Ors., 265 (2019) DLT 506 and Anjali Bhargava & Anr. v. UOI & Anr.

Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:06.03.2021 16:39 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:06.03.2021 18:48:05

[W.P.(C) 11264/2020, decided on 6th January, 2021], since the Petitioner's disqualification is prior to 7th May 2018, the disqualification of the Petitioner qua the active companies is set aside. The DIN/DSC is directed to be reactivated within one week in order to enable him undertake compliances in respect of the active companies. If the Petitioner wishes to restore the struck off company, the Petitioner may approach the NCLT, in accordance with law.

6. The petition and all pending applications are, accordingly, disposed of.

PRATHIBA M. SINGH, J.

MARCH 5, 2021 dj/AK Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:06.03.2021 16:39

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Delhi High Court - Orders