Delhi High Court - Orders
Roli Shastri vs Union Of India & Anr on 20 January, 2022
Author: V. Kameswar Rao
Bench: V. Kameswar Rao
$~65
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1161/2022, CM No. 3344/2022
ROLI SHASTRI
..... Petitioner
Through: Mr. Nikhil Kr. Verma, Adv.
versus
UNION OF INDIA & ANR.
..... Respondent
Through: Mr. Awadhesh Kumar Singh, Adv.
for R-1 & 2
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
ORDER
% 20.01.2022 This matter is being heard through Video-Conferencing.
1. The present petition has been filed by the petitioner assailing the inclusion of his name in the list of disqualified Directors for the financial years 2014-15, 2015-16 and 2016-17 published on the website of the respondent No.2.
2. The submission made by the learned counsel for the petitioner is that the company of which he was a Director has been struck off from the register of companies by the Registrar of Companies, NCT of Delhi and Haryana on the ground of non-filing of annual returns and financial statements for a continuous period of three years. This resulted in the petitioner's Director's Identification Number (DIN) and Digital Signature Certificate (DSC) have also been cancelled.
3. Learned counsel for the petitioner would submit that the petitioner Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:22.01.2022 17:23:37 intends to be a Director in the other companies and this bar of disqualification cannot come in that way. He states, the bar in terms of amendment to proviso to Section 167(1)(a) shall not be applicable retrospectively as according to him, the petitioner was disqualified w.e.f. November 01, 2017, i.e., prior to May 07, 2018. He relies upon an order passed by this Court in W.P.(C) No. 13783/2021 dated December 06, 2021 Rajpal Yadav v. Union of India & Ors. wherein this Court in paragraphs 5 to 7, in an identical factual situation stated as under:-
"5. Learned counsel for the petitioner submits that the present petition is squarely covered by the decisions of this Court in Mukut Pathak & Ors. v. Union of India & Ors. [(2019) 265 DLT 506] and Anjali Bhargava & Anr. v. Union of India & Anr. [2021 SCC Online Del 195]. Learned counsel for the respondents does not dispute the aforesaid position.
6. 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.
7. The petition is, accordingly, allowed by quashing the impugned list insofar as it relates to the petitioner. The respondents are, therefore, directed to restore the Director Identification Number and the Digital Signature Certificate of the petitione r within a period of three weeks."
4. Mr. Awadhesh Kumar Singh, learned counsel appearing for both the respondents agrees with the submission made by Mr. Verma, learned counsel for the petitioner and states that the petitioner shall be entitled to parity qua the order passed by this Court in Rajpal Yadav (supra). Accordingly, the impugned list, insofar as it relates to the petitioner is Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:22.01.2022 17:23:37 concerned, is quashed. The respondents shall restore the Director's Identification Number and Digital Signature Certificate (Annexure P-1) of the petitioner within a period of three weeks from today.
5. The petition is disposed of.
CM No. 3344/2022Dismissed as infructuous.
V. KAMESWAR RAO, J JANUARY 20, 2022/ak Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:22.01.2022 17:23:37