Delhi High Court - Orders
Jugender Singh Rathore & Ors vs Union Of India & Anr on 15 March, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:16.03.2021 17:58:18
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3232/2021 & CM APPLs. 9834-352021
JUGENDER SINGH RATHORE & ORS. ..... Petitioners
Through: Mr. Gursat Singh Vachher and Mr.
Pranam Jain, Advocates.
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Mr. J P Shahi, Sr. Panel Counsel (M:
9811148998).
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 15.03.2021
1. The present Petitioners are the directors of "N. Ratthore Buildcon Private Limited" which was struck off from the Register of Companies due to non-filing of annual returns and balance sheets for three consecutive years. Consequently, the Petitioners have been disqualified under Section 164(2)(a) of the Companies Act for a period from 1st November, 2017 to 31st October, 2022.
2. Ld. counsel for the Petitioners submits that the company itself has been restored by the National Company Law Tribunal (NCLT) vide order dated 29th December, 2020. He, thus, prays for reactivation of the DIN/DSC numbers of the Petitioners, for them to able to file their required compliances.
3. This Court has perused the order of the NCLT dated 29th December 2020, in N. Ratthore Buildcon Private Limited v. Registrar of Companies W.P.(C) 3232/2021 Page 1 of 3 Digitally Signed By:DINESH SINGH NAYAL Signing Date:16.03.2021 17:58:18 (Appeal No. 484/252/ND/2020). The operative portion of the said order reads as under:-
".....7. Accordingly, the appeal is allowed subject to payment of costs of Rs. 50,000/- to the Prime Minister CARES Fund. The restoration of the Appellant Company's name in the Register will be subject to their filing all outstanding documents for the defaulting years as required by law and completion of all formalities; including payment of any late fee or other charges which are leviable by the Respondent for the' late filing of statutory returns. The name of the Appellant Company shall then stand restored in the Register of the RoC, as if the name of the company had not been struck off.
8. The direction for freezing the bank account(s) of the Appellant Company, if on this ground, shall consequently be also set aside immediately to enable the company to carry out its business operation. Compliance of this order for restoration shall be made by the Respondent with all its consequential effects within one' week of compliance by the Appellant....."
4. A perusal of the above order shows that the NCLT has directed the restoration of N. Ratthore Buildcon Private Limited, and the said company has been permitted to file all their returns and financial documents
5. Considering the order of the NCLT, which has restored the said company, the Petitioners would clearly be entitled to the restoration of their DIN/DSCs in order for them to file the required compliances.
6. Accordingly, the DIN/DSCs of the Petitioners shall be reactivated by 19th March 2021. The Petitioners shall be permitted to avail of the "Scheme for condonation for delay for companies restored on the Register of Companies between 1st December, 2020 and 31st December, 2020 under Section 252 of the Companies Act, 2013", dated 15th January 2021, as the W.P.(C) 3232/2021 Page 2 of 3 Digitally Signed By:DINESH SINGH NAYAL Signing Date:16.03.2021 17:58:18 company has been restored in December, 2020 and would be entitled to the benefit of the said scheme.
7. The present petition and all pending applications are disposed of in above terms.
PRATHIBA M. SINGH, J.
MARCH 15, 2021 MR/Ak W.P.(C) 3232/2021 Page 3 of 3