Delhi High Court - Orders
Mrs Jyoti Arora & Anr vs Union Of India Through: Ministry Of ... 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
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3544/2021 & CM APPL. 10724/2021
MRS JYOTI ARORA & ANR. ..... Petitioners
Through: Mr. Binay Kumar Mishra, Advocate.
versus
UNION OF INDIA THROUGH: MINISTRY OF CORPORATE
AFFAIRS , SHASTRI BHAWAN , & ANR. ..... Respondents
Through: Ms. Aakanksha Kaul and Mr. Manek
Singh, Advocates. (M-9818131566)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 18.03.2021
1. The Petitioners were Directors in the following companies:
(i) Singh Brothers Buildwell Private Limited - Struck Off;
(ii) Honey Buildwell Private Limited - Struck Off;
(iii) Red Kiwi Mega Mart Private Limited - Active;
(iv) Red Kiwi Retails Private Limited - Struck Off;
(iv) Himalaya Retails Private Limited - Active;
2. Out of the above companies, three of the companies have been struck off due to non-filing of annual returns and balance sheets. Both the Directors were disqualified in 2017 with effect from 1st November, 2016 to 31st October, 2021. Their DINs/DSCs were also deactivated. Ld. counsel for the Petitioners submits that the Petitioners wish to seek restoration of the struck off companies and also pray for setting aside their disqualification qua the active companies.
3. Ms. Aakansha Kaul, ld. Counsel appears for the Registrar of Companies (hereinafter 'ROC').
Digitally Signed By:DINESH SINGH NAYAL Signing Date:22.03.2021 12:44:36
4. In view of the settled position in Mukut Pathak & Ors. v. UOI & Ors., 265 (2019) DLT 506 and Anjali Bhargava & Anr. v. UOI & Anr. [W.P.(C) 11264/2020, decided on 6th January, 2021], the disqualification of the Petitioners qua the active companies shall stand set aside. The DINs/DSCs of the Petitioners shall be reactivated by the ROC within a period of ten days from today, in order to enable the Petitioners to file the returns in respect of the active companies and undertake compliances in respect of the struck off companies.
5. If the Petitioners wish to seek restoration of the struck off companies, they are permitted to approach the NCLT, in accordance with law.
6. 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