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High Court of DelhiW.P.(C)/5023/2019

Kuldeep Singh v. Union Of India And ANR.

2019-05-10Hon'Ble Mr. Justice Vibhu Bakhru2 pages

Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

$-42 & *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.IC) 5023/2019 & CM Nos. 22253/2019 & 222f>4/2niQ KULDEEP SINGH Petitioner Through: Mr Ayush Shanua, Advocate.

versus UNION OF INDIA AND ANR.

Respondents Through: Mr Y. D. Nagar, Advocate for UOI.

AND W.PTO 5115/2019 & CM Nos. 22603/2019 & 22604/2019 DALJIT SINGH Petitioner Through:

Mr Ayush Sharma, Advocate.

versus UNION OF INDIA AND ANR.

Respondents Through:

Mr Y. D. Nagar, Advocate for UOI.

CORAM:

HON'BLE MR.

JUSTICE VIBHU BAKHRU

ORDER

% 10.05.2019 1.

The petitioners are the directors of Indi Boom Infratech Pvt. Ltd (hereafter 'the Company') and their names were published in the list of directors disqualified, under section 164(2) (a) of the Companies Act, 2013 (hereafter 'the Act'). This was on account of the defaults committed in relation to the Company.

2.

In view of the said defaults, the name of the Company was also removed from the Register of Companies.

3.

The Company filed an appeal before the National Company Law Tribunal (NCLT) against the said decision under Section 252 of the Act. The said appeal was allowed by an order "dated 08.02.2019 and the name of the Company was directed to be restored on the Register of Companies, subject to the requisite returns being filed and subject to the payment of costs of ?25,000/- to the Prime Minister's Relief Fund. 4.

The said costs as imposed have been paid. The Company has been unable to comply with the requirement of furnishing the requisite returns since the DINs and DSCs of the petitioners have been deactivated, on account of their disqualification.

5.

Plainly, the order passed by the NCLT is required to be complied with. Since, all returns are now accepted only in the online mode, it would be necessary for the DINs and DSCs of the petitioners to be restored temporarily, in order for them to comply with the order dated 08.02.2019 passed by the NCLT. Accordingly, the respondents are directed to restore the DINs and DSCs of the petitioners for a period of 60 days, in order for the petitioner to comply with the order passed by the NCLT. 6.

The petitions are disposed of in the aforesaid terms. The pending application stands disposed of.

VIBHU BAKHRU, J MAY 10, 2019 MK