Pranav Kumar v. Registrar Of Companies Delhi & Haryana And ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3123/2019 PRANAV KUMAR ..... Petitioner Through Ms Swetank Shantanu, Mr Pratap Shanker, Ms Preeti Jha, Ms Shipti Srivastava, Advocates.

versus REGISTRAR OF COMPANIES DELHI & HARYANA AND ORS.

..... Respondents Through Ms Shiva Lakshmi, Advocate for ROC.

Mr N.K. Srivastava, Senior Counsel for UOI.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 07.05.2019 1.

The petitioner has filed the present petition, inter alia, impugning the list of disqualified directors to the extent it includes the petitioner's name. The petitioner had been disqualified for defaults committed in relation to the company 'Telkin Services Private Limited', in not filing the return for the financial years 2014-2016.

2.

It is the case of the petitioner that he had resigned on 17.12.2013 and, therefore, cannot be held responsible for the defaults of the company that had occurred thereafter. The petitioner states that the requisite form was filed with the Registrar of Companies (ROC) on 05.08.2014. 3.

The aforesaid averments are not controverted. Accordingly, the petition is allowed. The list of impugned directors to the extent it includes

the petitioner's name is set aside.

4.

It is clarified that in the event the ROC is of the view that the petitioner is responsible for the defaults, the ROC is not precluded from passing a fresh order, disqualifying the petitioner after affording the petitioner an opportunity of being heard.

5.

The petition is disposed of.

VIBHU BAKHRU, J MAY 07, 2019 pkv