Delhi High Court - Orders
Ashok Sharma & Anr vs Union Of India (Mca) & Anr on 27 October, 2021
Author: Rekha Palli
Bench: Rekha Palli
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6558/2021 & CM APPL. 20580/2021 (stay)
ASHOK SHARMA & ANR. ..... Petitioners
Through Mr.Vivek Sinha, Mr.Vivek Malik &
Mr.Kartikeya Jain, Advs.
versus
UNION OF INDIA (MCA) & ANR. ..... Respondents
Through Mr.Amit Anand, Adv. for UOI.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 27.10.2021
1. The present petition has been filed assailing the list of directors disqualified issued under Section 164 (2)(a) of Companies Act, 2013 for the financial years 2014 to 2016, by the respondent no.2.
2. Though a counter affidavit has been filed opposing the petition on the ground of delay and latches. In its counter affidavit, the respondent has sought to rely on the decision dated 20.07.2020 in W.P.(C) 4356/2020 titled Anamika Devi vs. Union of India & Anr,. However, after some arguments, learned counsel for the respondent does not dispute the position that the present matter is covered by a recent decision of this Court in W.P.(C) 11066/2021 titled Jitendra Kumar Sarangi vs. Union of India & Anr, decided on 29.09.2021.
3. The writ petition is, accordingly, allowed by quashing the impugned list to the extent of disqualification of the petitioners. The respondents Signature Not Verified DigitallySigned By:GARIMA MADAN Signing Date:28.10.2021 15:22:39 are consequently directed to restore the Director Identification Number ("DIN") and Digital Signature Certificate ("DSC") of the petitioner within a period of three weeks.
REKHA PALLI, J OCTOBER 27, 2021 kk Signature Not Verified DigitallySigned By:GARIMA MADAN Signing Date:28.10.2021 15:22:39