Delhi High Court
Sharat Chand Jain And Ors. vs Union Of India And Anr. on 15 March, 2018
$~51
*IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 15th March, 2018
+ W.P.(C) 9850/2017
SHARAT CHAND JAIN AND ORS. ..... Petitioners
Through : Mr. Manish Jain, Mr. Alok
Kuchhal, Mr. Sougat
Ganguly, Mr. Amit Jain, Mr.
Rukban Tyagi, Ms.
Pratikhsha, Mr. Kunal
Yograj, Mr. Anant Negi,
Advs
versus
UNION OF INDIA AND ANR. ..... Respondents
Through : Ms. Maninder Acharya,
ASG with Mr. Vikram
Jetley, CGSC and Mr. R.K.
Tiwari, ROC; Sh. Sanjay
Shorey, Jt.Director
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
GITA MITTAL, ACTING CHIEF JUSTICE
1. The writ petition has been instituted in view of the notice
dated 6th September, 2017 and 12th September, 2017 issued under
Section 164(2)(a) of the Companies Act, 2013 by the respondents
disqualifying the petitioners as Directors in the company for the
reason that there was default in submitting returns with regard to
the affairs of the said Company which were statutorily required to
be filed with the Registrar of Companies for a continuous period of
three financial years.
2. In this case, the petitioner has submitted that there was a
default on its part, however before any penal action could be
initiated against it by the respondents under the provisions of the
Companies Act, 2013, the company made good the default and
submitted all requisite statutory returns.
3. Yet, it appears that the petitioners stood disqualified by the
notices dated 6th September, 2017 and 12th September, 2017
necessitating the filing of the writ petition.
4. At the time of issuing notice to show cause in the writ
petition, we had also granted interim stay of the impugned notices
dated 6th September, 2017 and 12th September, 2017 so far as they
concern the writ petitioners.
5. We are informed by Ms. Maninder Acharya, learned ASG,
on instructions from on instructions from Mr.Kirtiman Singh,
learned CGSC; Mr. Sanjay Shorey, Director (Legal) for the Union
of India and Mr. Rakesh Tiwari, Registrar of Companies that
pursuant to the said orders granted by this court, the Director
Identification Number (DIN) of the petitioner was activated by the
respondents.
6. It is submitted by Ms. Maninder Acharya, learned ASG, on
instructions, that the fact that the deficiencies in the compliances
were made good by the company before the notice of
disqualification was uploaded on the website is not disputed and in
view thereof the name of the petitioners deserve to be removed
from the list of disqualified directors.
7. In view of the above, it is directed that the respondents shall
forthwith remove the name of the petitioners from the list of
disqualified directors. The requisite notice in this regard be posted
on the website and orders to this effect be communicated to the
petitioner within a period of two weeks from today.
8. This writ petition is allowed in the above terms.
Dasti.
ACTING CHIEF JUSTICE
C.HARI SHANKAR, J
MARCH 15, 2018/kr
