Delhi High Court
Ravindra Kumar Mishra & Ors. vs Union Of India & Anr. on 22 March, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:23.03.2021 14:28:01
$~49
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 22nd March, 2021
+ W.P.(C) 3730/2021
RAVINDRA KUMAR MISHRA & ORS. ..... Petitioners
Through: Ms. Bhawna Piplani, Advocate.
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Ms. Saroj Bidawat, Sr. Panel Counsel
for UOI. (M:9810340866)
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J.(Oral)
CM APPL.11271/2021 (for exemption)
1. Allowed, subject to all just exceptions. Application is disposed of. W.P.(C) 3730/2021 & CM APPL.11270/2021 (for stay)
2. The Petitioners are Directors in the companies as listed below in the following tables.
i. Petitioner No. 1 is a Director in the following companies:
CIN/FCRN Company/LLP Date of Status Name Directorship U45204DL2011PTC215365 ARK 08/03/2011 STRIKE-OFF STRUCTURAL TECHNOLOGIES PRIVATE LIMITED U45201UP2013PTC061524 SARAN 26/12/2013 STRIKE-OFF ENTERPRISES PRIVATE LIMITED U70102DL2014PTC272972 SARAN 07/11/2014 STRIKE-OFF PROMOTERS AND DEVELOPERS W.P.(C) 3730/2021 Page 1 of 4 Digitally Signed By:DINESH SINGH NAYAL Signing Date:23.03.2021 14:28:01 PRIVATE LIMITED U36900DL2013PTC249834 SSPK BUSINESS 26/03/2013 STRIKE-OFF SOLUTIONS PRIVATE LIMITED ii. Petitioner No. 2 is a Director in the following companies:
CIN/FCRN Company/LLP Date of Status Name Directorship U45204DL2011PTC215365 ARK 08/03/2011 STRIKE-OFF STRUCTURAL TECHNOLOGIES PRIVATE LIMITED U45201UP2013PTC061524 SARAN 26/12/2013 STRIKE-OFF ENTERPRISES PRIVATE LIMITED U70102DL2014PTC272972 SARAN 07/11/2014 STRIKE-OFF PROMOTERS AND DEVELOPERS PRIVATE LIMITED iii. Petitioner No. 3 is a Director in the following company:
CIN/FCRN Company/LLP Date of Status
Name Directorship
U45204DL2011PTC215365 ARK 08/03/2011 STRIKE-OFF
STRUCTURAL
TECHNOLOGIES
PRIVATE
LIMITED
3. M/s. ARK Structural Technologies Private Limited was struck off from the Register of Companies due to non-filing of balance sheets and annual returns. The said company had approached the National Company Law Tribunal (hereinafter "NCLT") and vide order dated 23rd December, 2020 by W.P.(C) 3730/2021 Page 2 of 4 Digitally Signed By:DINESH SINGH NAYAL Signing Date:23.03.2021 14:28:01 the NCLT, the company has been restored in the following terms:
"11. In view of the above, the Appeal is allowed subject to payment of cost of Rs.25,000/-
(Twenty-Five Thousand only) to the credit of Ministry of Corporate Affairs (Registrar of Companies, Delhi & Haryana), the proof of which will be furnished by the Appellant to the Registry of this Tribunal within 15 days of this order. The Registrar of this Tribunal shall maintain the information about such deposits in a separate E-register.
12. The restoration of the Appellant Company's name in the Register will be subject to their filing of all outstanding financial statements 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 RoC for the late filing of statutory returns. Compliance of this order for restoration shall be made by the RoC with all its consequential effects within one week of all compliances made by the Appellant. The name of the Appellant Company shall then stand restored in the Register of the Registrar of Companies (RoC), as if its name of the Company had not been struck off."
4. Ld. Counsel for the Petitioner submits that the Petitioner wishes to file the compliances in respect of this company and prays that the disqualification of the Petitioners under Section 164(2)(a) of the Companies Act, 2013 may be set aside.
5. In view of the fact that restoration of the company has taken place on 23rd December, 2020 already, the company would be entitled to avail of the Condonation of Delay Scheme for Companies restored by NCLT between 1st December, 2020 to 31st December, 2020 under Section 252 of the Companies W.P.(C) 3730/2021 Page 3 of 4 Digitally Signed By:DINESH SINGH NAYAL Signing Date:23.03.2021 14:28:01 Act, 2013 and file all the requisite documents of compliances. The said Scheme was brought about on 15th January by the Ministry of Corporate Affairs vide General Circular No. 03/2021, and has been in operation since 1st February, 2021 and will be available for filing of over-due returns of companies till 31st March, 2021.
6. Considering the fact that the NCLT has already restored the company, the disqualification of the Petitioners is set aside and the Petitioners' DINs/DSCs are directed to be re-activated within a period of one week from the date when the present order is communicated by email to the Registrar of Companies by the Petitioner.
7. The petition along with all pending applications is disposed of in the above terms.
PRATHIBA M. SINGH JUDGE MARCH 22, 2021/dk/Ap W.P.(C) 3730/2021 Page 4 of 4