Delhi High Court - Orders
Arvind Singh & Anr vs Union Of India & Anr on 24 March, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:25.03.2021 17:03:44
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3892/2021 and CM APPL. 11707-08/2021
ARVIND SINGH & ANR ...... Petitioners
Through: Mr. Yashoaj Guglani, Advocate.
versus
UNION OF INDIA & ANR ...... Respondents
Through: Mr. Akshay Amritanshu, Advocate
for UOI.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 24.03.2021
1. This hearing has been done through hybrid mode (physical and virtual hearing).
2. The Petitioners have filed the present petition seeking the setting aside of their disqualification under Section 164(2)(a) of the Companies Act, 2013 and the reactivation of their DINs/DSCs to be able to file compliances.
3. The Petitioners are directors in the following four companies:
(i) Aarav Agrotech Private Limited
(ii) NGF Foods Private Limited
(iii) Aarav Air Services Private Limited
(iv) Acmos India Private Limited
4. It is submitted by ld. Counsel for the Petitioners that the company at serial no. 2 i.e NGF Foods Private Limited is an Active-Non Compliant Company. He submits that due to non-filing of annual returns and balance sheets, the Petitioners were disqualified in 2017 under Section 164(2)(a) of the Companies Act, 2013 for a period from 1st November, 2017 to 31st October, 2022. Their DINs/DSCs were also deactivated.
Digitally Signed By:DINESH SINGH NAYAL Signing Date:25.03.2021 17:03:44
5. The Petitioners pray for reactivation of their DINs/DSCs to be able to file compliances.
6. 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. UOI & Anr. [W.P.(C) 11264/2020, decided on 6 January, 2021], the following directions are issued:
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i) the disqualification of the Petitioners is set aside qua the active company.
ii) the DINs/DSCs of both Petitioners shall be reactivated for them to be able to file the requisite compliances
7. A digitally signed copy of this order shall be e-mailed to the Registrar 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.
8. The petition is disposed of in the above terms. All pending applications are also disposed of.
PRATHIBA M. SINGH, J MARCH 24, 2021/MR/Ak