Hans Raj Yadav & Anr vs Union Of India & Anr on 12 April, 2021

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Delhi High Court - Orders

Hans Raj Yadav & Anr vs Union Of India & Anr on 12 April, 2021

Bench: Prathiba M. Singh

                                                          Signature Not Verified
                                                          Digitally Signed By:DINESH
                                                          SINGH NAYAL
                                                          Signing Date:13.04.2021
                                                          23:00:12


$~37
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+        W.P.(C) 4485/2021 & CM APPL. 13706/2021
     HANS RAJ YADAV & ANR.                       ..... Petitioners
                    Through: Mr. Ashutosh Gupta and Mr.
                              Abhishek, Advocates.
                    versus

      UNION OF INDIA & ANR.                               ..... Respondents
                    Through:             Mr. Naval Kishore Jha, Senior panel
                                         counsel (M: 9810442918).
      CORAM:
      JUSTICE PRATHIBA M. SINGH
               ORDER

% 12.04.2021

1. This hearing has been done through Video Conferencing.

2. The Petitioners have filed the present petition seeking reactivation of their DINs/DSCs, to be able to incorporate a new company.

3. The Petitioners are directors in the following companies:

      i)       Osho Landbase Private Ltd.
      ii)      Osho Infrastructure Private Ltd.
      iii)     Pal Infrastructure Private Ltd.

4. It is submitted by ld. Counsels for the Petitioner that all the said companies were struck off from the Register of Companies due to non filing of annual returns and balance sheets. The Petitioners were also disqualified under Section 164(2) of the Companies Act, 2013 for a period from 1st November 2016 to 31st October 2021. Their DINs/DSCs were also deactivated.

5. The Petitioners wish to incorporate a new company and hence pray for the reactivation of their DINs/DSCs.

Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:13.04.2021 23:00:12

6. Mr. Nawal Kishore Jha appears for the ROC.

7. A perusal of the record shows that a substantial amount of the period of disqualification has already been undergone. Considering the legal position as laid down by this Court in Mukut Pathak & Ors. v. Union of India & Ors., 265 (2019) DLT 506 and in Anjali Bhargava & Anr. v. Union of India & Anr. [WP(C) 11264/2020, decided on 6th January, 2021] the following directions are issued:

i) the DINs/DSCs of the Petitioners shall be reactivated.

ii) in view of the fact that the Petitioners fall under category 'd' in Anjali Bhargava & Anr. (supra), the Petitioners are permitted to incorporate a new company, subject to undertaking all compliances, as prescribed.

8. A digitally signed copy of this order shall be e-mailed to the Register of Companies, Delhi. Upon receipt of the said email, the ROC shall reactivate the DINs/DSCs of the Petitioners within a period of one week.

9. The petition is disposed of in the above terms. All pending applications are also disposed of.

PRATHIBA M. SINGH, J APRIL 12, 2021 MR/AK

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Delhi High Court - Orders