Archana Saxena And ANR. v. Union Of India And ANR.
$~115 *IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P. (C) 2645/2018, CM APPL.10833/2018 ARCHANA SAXENA AND ANR.
..... Petitioners Through: Mr. Avinash Jha with Mr.
Anshuman Nayak and Mr. Vipul Agrawal, Advocates.
versus UNION OF INDIA AND ANR.
..... Respondents Through: Ms. Maninder Acharya, ASG with Mr. Ripu Daman Bhardwaj, CGSC with Mr. T.P. Singh, Adv.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
O R D E R
% 22.03.2018 1.
In this matter, on 20.3.2018, I passed an interim order to the effect that the operation of the list of disqualified directors insofar as it applies to the petitioners, shall remain stayed. Furthermore, a direction had been issued to the official respondents to activate the petitioners‟ DIN and DSC. 2.
Mr. Avinash Jha, who appears for the petitioners, says that they wish to approach the NCLT for reviving the Sax Sons Air Services Private Limited. (in short "SSAS"). 3.
To be noted, SSAS was struck off from the Register of
Companies by the ROC upon its failure to file the requisite financial statements and returns. The petitioners, I am told, were appointed as Directors on the Board of SSAS. 4.
In view of the fact that the petitioners wish to approach the NCLT to revive SSAS in consonance with the provisions of Section 252 of the Companies Act, 2016, the learned ASG submits that the ROC will not oppose the revival provided the appeal is filed before 31.3.2018.
5.
Having regard to the aforesaid, the writ petition is disposed of giving liberty to the petitioners to approach the NCLT by way of an appeal.
6.
The interim order dated 20.3.2018 will continue to operate till such time the appeal is disposed of by the NCLT. Needless to say if the petitioners fail to file an appeal within the timeline given above, or fails in persuading the NCLT to revive the SSAS, the interim order dated 20.3.2018 would stand dissolved automatically. This direction would also apply if the petitioners fail to take requisite steps under the Condonation of Delay Scheme, 2018 ("Scheme") after it is ordered to be revived by NCLT.
RAJIV SHAKDHER, J MARCH 22, 2018 /vikas/