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Case Law Details

Case Name : Ms. Seema Singh Vs. Ms. Maninder Acharya (Delhi High Court)
Appeal Number : W.P.(C) 9439/2017
Date of Judgement/Order : 22/03/2018
Related Assessment Year :
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Ms. Seema Singh Vs. Ms. Maninder Acharya (Delhi High Court)

1. This bunch of writ petitions have been filed by persons who were directors in companies incorporated under the provisions of the Indian Companies Act, 1956. Apart from these companies, these petitioners have stated in the writ petitions that they were directors of other companies as well. In several cases, we are informed that the companies in which they were directors are still active.

2. This writ petition has been instituted in view of the notice dated 6th September, 2017 and 12thSeptember, 2017 issued under Section 164(2)(a) of the Companies Act, 2013 by the respondents disqualifying the petitioners as Directors in all the Companies wheresoever they may be Directors. This disqualification has resulted for the reason that there was default in submitting returns which were statutorily required to be filed with the Registrar of Companies with regard to the affairs of the Company in question, for a continuous period of three financial years.

3. The writ petitions inter alia seek quashing of the said notices dated 6th September, 2017 and 12thSeptember, 2017.

4. Many of these companies are stated to be such companies which have not commenced any business, have no bank accounts and no transaction of any kind have been conducted by them. These companies are not interested in revival of business.

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