Delhi High Court - Orders
Vijay Kumar Nagar & Anr vs Union Of India & Anr on 23 March, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:25.03.2021 16:34:33
$~65
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3863/2021 & CM APPL. 11654/2021
VIJAY KUMAR NAGAR & ANR. ..... Petitioners
Through: Mr. Nitesh Kumar Sinha, Advocate.
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Ms. Anju Gupta and Mr. Roshan Lal
Goel, Advocates for R-1 & 2/UOI
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 23.03.2021
1. The Petitioners are Directors in the following two companies:
(i) M/s Madhyant Herbal Private limited;
(ii) M/s GLF Builders Pvt. Ltd.
2. The company at serial no. (i) has been struck off from the Register of companies while the company at serial no. (ii) is still active.
3. The Petitioners were disqualified in 2017 under Section 164(2)(a) of the Companies Act, 2013 for the period between 1st November, 2016 and 31st October, 2021 due to non-filing of annual returns and balance sheets in M/s GLF Builders Pvt. Ltd. for three consecutive years. Their DINs/DSCs were also deactivated.
4. Ld. counsel for the Petitioners submit that they wish to undertake compliances in respect of the company whose status is active.
5. Ld. counsel for the Respondent submits that he has received an advance copy, however, he has not yet received any instructions in the matter.
Digitally Signed By:DINESH SINGH NAYAL Signing Date:25.03.2021 16:34:33
6. Since the matter is covered by the judgment in Mukut Pathak & Ors. v. Union of India & Ors., 265 (2019) DLT 506, this Court proceeds to dispose of the matter.
7. Considering the fact that M/s GLF Builders Pvt. Ltd.'s name is not struck off from the Register of companies and is still active, in terms of the judgment in Mukut Pathak (supra), the Petitioners' DINs/DSCs are directed to be reactivated to enable the Petitioners to undertake compliances.
8. The digitally signed copy of today's order shall be supplied to the Registrar of Companies, Delhi through email. Upon receipt of the order, the Petitioners' DINs/DSCs shall be reactivated 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 MARCH 23, 2021 Rahul/T