Case Law Details
Sandeep Ahuja Vs Union of India & Ors. (Delhi High Court)
The Petitioner is a Director in five companies. Due to non-filing of annual returns and balance sheets in one of the companies, the Petitioner was disqualified as a director in 2017 with effect from 1st November, 2017 to 31st October, 2022 under Section 164(2)(a) of the Companies Act, 2013. His DIN/DSC was also deactivated. All the five companies are active. Hence, ld. counsel appearing for the Petitioner prays for the Petitioner’s DIN/DSC to be reactivated to enable the Petitioner to file the compliances in respect of the companies.
Considering the legal position as laid down by this Court in Mukut Pathak & Ors. v. Union of India & Ors., 265 (2019) DLT 506 and Anjali Bhargava & Anr. v. UOI & Anr. [W.P.(C) 11264/2020, decided on 6th January, 2021] and since the disqualification of the Petitioner took place prior to 7th May, 2018, the Petitioner’s disqualification qua the other active companies is set aside and his DINs/DSCs is directed to be reactivated.
The present order shall be served by the Petitioner on the ROC, Delhi and Mumbai and the Petitioner’s DIN/DSC shall be reactivated within a period of 10 days from service of the order.
FULL TEXT OF THE JUDGMENT/ORDER of DELHI HIGH COURT
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