Saurabh Sawalia vs Union Of India & Anr on 20 April, 2021

[Cites 3, Cited by 6]

Delhi High Court - Orders

Saurabh Sawalia vs Union Of India & Anr on 20 April, 2021

Bench: Prathiba M. Singh

                                                          Signature Not Verified
                                                          Digitally Signed By:DINESH
                                                          SINGH NAYAL
                                                          Signing Date:22.04.2021
                                                          18:47:25


$~2
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+         W.P.(C) 4872/2021 & CM APPL. 15024/2021
      SAURABH SAWALIA                               ..... Petitioner
                     Through: Mr. Abhishek Aggarwal, Mr.
                               Ashutosh Gupta, Mr. Gaurav Rana,
                               Advocates.
                     versus
      UNION OF INDIA & ANR.                      ..... Respondents
                     Through: Mr. Sanjeev Uniyal & Mr. Dhawal
                               Uniyal, Advocates of R-1.
                               Mr. Praveen Kumar Jain & Ms. Sapna
                               Jain, Advocate (M-9871278525)
      CORAM:
      JUSTICE PRATHIBA M. SINGH
               ORDER

% 20.04.2021

1. This hearing has been done through video conferencing.

2. The Petitioner is a Director in the following three companies:

      i)     M/s NBD Spirits Private Limited
      ii)    M/s NBD Visions Private Limited

iii) M/s Dynapt Technologies Private Limited

3. M/s NBD Spirits Private Limited was struck off from the Register of companies due to non-filing of its annual returns and balance sheets. The Petitioner was consequently disqualified under Section 164(2)(a) of the Companies Act, 2013 in 2017 w.e.f. 1st November, 2016 to 31st October, 2021 and his DIN/DSC was also deactivated. The other two companies have also been struck off from the Register of companies.

4. Ld. counsel for the Petitioner submits that the Petitioner wishes to file compliances in respect of all the three companies and accordingly, prays for his DIN/DSC to be reactivated.

Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:22.04.2021 18:47:25

5. Ld. counsel for the Respondents appears and submits that he wishes to seek instructions in the matter.

6. This matter is covered by various judgments of this Court. The Petitioner would have to approach the NCLT for the purposes of restoring the three companies, in accordance with law. Insofar as the restoration of the Petitioner's DIN/DSC is concerned, following the judgment of this Court in Mukut Pathak & Ors. v. Union of India & Ors., 265 (2019) DLT 506, the DIN/DSC of the Petitioner is directed to be reactivated. The Petitioner is permitted to approach the NCLT for restoring the three companies, in accordance with law.

7. Ld. counsel for Petitioner further submits that the Petitioner also wishes to incorporate a new company. Since a substantial period of disqualification has already been undergone, following the judgment of this Court in Anjali Bhargava & Anr. v. UOI & Anr. [W.P.(C) 11264/2020, decided on 6thJanuary, 2021], the DIN/DSC of the Petitioner shall be reactivated in order to enable him to incorporate a new company subject to compliance of all formalities.

8. Let the DIN/DSC of the Petitioner be reactivated within a period of three weeks from the service of the present order on the ROC, Delhi.

9. The present petition, along with the pending applications, is disposed of in the above terms.

PRATHIBA M. SINGH, J APRIL 20, 2021 Rahul/T

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Delhi High Court - Orders