Arun Sinha And ANR. v. Union Of India And ANR.

$~152 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P. (C) 3023/2018, CM APPL.12085-12086/2018 ARUN SINHA AND ANR.

..... Petitioners Through: Mr. Rhythem Gupta with Mr. Sushil Raaja, Advocates.

versus UNION OF INDIA AND ANR.

..... Respondents Through: Mr. Anil Soni, CGSC for UOI with Ms. Priyanka Singh, Advocate.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 23.03.2018 1.

In the captioned writ petition, the petitioner no.1 and 2 were appointed as Directors on the Board of Logicool India Private Limited ("LIPL") whose name was struck off from the Register of Companies due to failure to file financial statements and statutory returns for three consecutive years.

1.1 Counsel for the petitioners submits that the petitioners resigned from the Board of EIPL in 2010 on account of personal reasons. 1.2 It is the petitioners' case that the requisite forms regarding cessation of petitioners' Directorship, to be filed by LIPL, were not filed. 2.

It is, thus, the petitioners' case that owing to the non-compliance, their names were included in the list of disqualified Directors. 3.

Clearly, this appears to be a case non-compliance. Resultantly, good management of LIPL has become a casualty; filing financial

statements and statutory returns is one such example. 4.

In these circumstances, the petitioners are given liberty to approach the ROC. The petitioners will make their representation before 28.03.2018. The ROC will hear the petitioners on 29.03.2018 and pass a speaking order on before 31.03.2018. A copy of the order will be furnished to the petitioners.

5.

In the meanwhile, the petitioners' DIN and DSC shall be activated and the impugned list, insofar it includes their names, shall remain stayed. RAJIV SHAKDHER, J MARCH 23, 2018 /vikas/