Case Law Details
Raman Nanda Vs. Union Of India And Ors. (Delhi High Court)
1. The petitioner has filed the present petition, inter alia, impugning a “lists of disqualified directors” published by respondent nos. 1 and 2 to the extent that it includes the name of the petitioner.
2. The petitioner claims that he is the Director of a private company named Vanya Sm Power Company Private Limited (hereafter ‘the Company’). The learned counsel appearing for the petitioner unequivocally states that the Company has not carried out any business for the past three years and its bank account is also not in operation for the past three years. The petitioner also did not file the requisite returns as required under the Companies Act, 2013 (hereafter ‘the Act’). Consequently, the petitioner has incurred the disqualification under Section 164(2) of the Act.
3. The learned counsel appearing for the petitioner makes an unequivocal statement, on instruction of the petitioner, that the petitioner is desirous of availing of the Condonation of Delay Scheme -2018 (hereafter `CODS – 2018′). However, since the Company has been struck off from the Register of Companies, it has been disabled from availing the benefits of CODS- 2018.
4. The petitioner is also not in a position to seek revival of the company by filing an appeal under Section 252 of the Act, since admittedly the Company has not carried out any business and was liable to be struck off from the Register. The petitioner states that, in fact, it would voluntarily seek dissolution of the Company under Section 248(2) of the Act, if it has the opportunity to do so.
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our directors are disqualified ,as we have not filled the ROC reruns from the inception of company,and fail to avail the benefit of CODS-18 scheme.we are not interested to revive the company but want to activate the DIN of Director,for this where we can make appeal or presentation. NCLT rejected our application for restoration of company and DIN Activation.
But it looks like Company has to get order from jurisdictional High court for stay of disqualification and directions to the jurisdictional ROC.
Further it is not clear how High Court could pass an order on 21.12.2017 when CODS 2018 was not yet notified by MCA.
Sir/ Madam
We have a similar case & do not want to revive stucked company but make operational DIN of directors since other companies operation is stopped.
Does we require to go to NCLT or on the basis of this decision directly approach to ROC to take advantage of COND2018 scheme.