Allowed

Ajay Luthra & Ors. v. Registrar of Companies NCT of Delhi & Anr.

Delhi HC12 Mar 2018W.P.(C)/2240/2018

Case brief

AI extract

What is this about?

This writ petition challenged disqualification of directors due to company's failure to file returns for over three years. The Court disposed of the petition allowing directors to apply under Section 248(2), stayed their disqualification list inclusion, and activated their DSC/DIN.

What did the court decide?

Petition disposed of with liberty to approach ROC under Section 248(2); names stayed from disqualified list till 31.03.2018; DSC and DIN activated.

Ajay Luthra & Ors. Vs Registrar of Companies NCT of… — Company and Corporate | Delhi HC (2018)

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$~42

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Judgment decided on: 12.03.2018

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- W.P.(C) 2240/2018 & CM No.9220/2018

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AJAY LUTHRA & ORS ..... Petitioners Through: Appearance not given.

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versus

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REGISTRAR OF COMPANIES NCT OF DELHI

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& ANR ..... Respondents Through: Mr. Ajay Digpaul, CGSC with Mr. Vikram Jetly, CGSC and Ms. Madhuri Dhingra, Advocate for UOI.

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CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER

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RAJIV SHAKDHER, J (ORAL)

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C.M. No.9219/2018

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Allowed, subject to all just exceptions.

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W.P.(C) 2240/2018 & CM No.9220/2018

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Issue notice.

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Mr. Ajay Digpaul accepts notice on behalf of respondents. The petitioners are aggrieved by the fact that they have been disqualified on account of failure of the company namely, V.P. Fabrication Private Limited, on whose Board they are Directors, in filing its annual statements and financial returns for a period of more than 3 years.

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3.1 It is the stand of the petitioners that they do not wish to revive the aforementioned company and that they would like to avail the benefit of the Condonation of Delay Scheme, 2018 (in

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W.P.(C) 2240/2018

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Page 1 of 2

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short “the Scheme”). It is further stated that though the aforementioned company was incorporated on 05.02.2007, it has not carried out any business since its incorporation.

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3.2 However, it is also averred that the last annual returns/ financial statements concerning the aforementioned company were filed for the financial year ending on 31.03.2010.

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In these circumstances, the writ petition is disposed of with liberty to the petitioners to approach the ROC under the Scheme and to make a request to him for enabling them to take recourse to the provisions of Section 248 (2) of the Companies Act, 2013.

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4.1 The petitioners will, therefore, take requisite steps and file all relevant documents as they may be required to do so with the ROC, within 2 weeks from today.

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Upon requisite steps being taken, the ROC will consider the request of the petitioners in accordance with law. In order to facilitate, this exercise, the inclusion of the petitioners’ names in the list of disqualified directors for financial years 2012 to 2014 is stayed till 31.03.2018. Since, requisite forms would have to be uploaded via the internet, the petitioners’ DSC and DIN will also be activated by the respondents till 31.03.2018.

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The writ petition is disposed of in the aforesaid terms.

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RAJIV SHAKDHER (JUDGE)

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MARCH 12, 2018 cks

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W.P.(C) 2240/2018

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Page 2 of 2

Ajay Luthra & Ors. v. Registrar of Companies NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Ajay Luthra & Ors. v. Registrar of Companies NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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