Delhi High Court - Orders
Suchit Suryakiran & Anr vs Union Of India & Anr on 18 March, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:22.03.2021 12:44:36
$~39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3573/2021 & CM APPLs. 10806/2021, 10807/2021
SUCHIT SURYAKIRAN & ANR. ..... Petitioners
Through: Mr. Cauvery Rawal, Advocate (M-
9711851069)
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Mr. Amit Acharya, Proxy Counsel for
Mr. Raj Kumar Yadav, Sr. Panel
Counsel for UOI (R-1 & 2) (M-
9873024619)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 18.03.2021
1. The Petitioners are Directors in the following two companies -
(i) Digisec Technology Private Limited;
(ii) Suriya Kiran Inn Delhi Pvt. Ltd.
2. The company at serial number (i) was struck off from the Register of Companies due to non-filing of its annual returns and balance sheets. The company at serial number (ii) is an active company. Owing to the first company having been struck off, the Petitioners were also disqualified, retrospectively, under Section 164(2)(a) of the Companies Act, 2013 in 2017, with effect from 1st November, 2016 to 31st October, 2021. Their DINs/DSCs were also deactivated.
3. Ld. counsel for the Petitioners submits that the Petitioners wish to file compliances qua the active company.
4. Accordingly, in view of the settled position in Mukut Pathak & Ors. v. UOI & Ors., 265 (2019) DLT 506 and Anjali Bhargava & Anr. v. UOI Digitally Signed By:DINESH SINGH NAYAL Signing Date:22.03.2021 12:44:36 & Anr. [W.P.(C) 11264/2020, decided on 6th January, 2021], the disqualification of the Petitoners qua the active company is set aside. The DINs/DSCs of the Petitioners be reactivated by the ROC within a period of one week. Insofar as the restoration of the struck off company is concerned, the Petitioners, if so advised, may approach the NCLT, in accordance with law.
5. The petition is disposed of in the above terms. All pending applications are also disposed of.
PRATHIBA M. SINGH, J.
MARCH 18, 2021 Rahul/ Ap