Joginder Singh And ANR. v. Union Of India And ANR.

$~33 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9925/2018 JOGINDER SINGH AND ANR.

..... Petitioners Through Ms.Padma Priya, Adv. with Ms.Maulshree Pathak & Mr.Arpit Aggarwal, Advs.

versus UNION OF INDIA AND ANR.

..... Respondents Through Mr.Jaswant Rai Aggarwal, Adv. with Ms.Satvita Goyal, Adv. for R-1 & 2.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 01.10.2018 C.M. No. 40425/2018 in W.P.(C) 9925/2018 1.

This application has been filed pointing out certain error that has crept in the order passed on 19.09.2018.

2.

In view of the above, paragraphs 6 to 10 of the order dated 19.09.2018 are accordingly, rectified to be read as under: "6. The petitioners preferred a appeal under Section 252 of the Companies Act, 2013 before the National Company Law Tribunal (NCLT) against the action of the ROC in striking off the name of M/s Pathik Software Education Private Limited from the Register of Companies. Petitioner no.2 also preferred an appeal in respect of Bhati Garments Private Ltd. The appeal preferred in respect of M/s Pathik Software Education Private Limited has been allowed by the NCLT by an order dated 07.09.2018 subject to the petitioners fulfilling all the compliances and depositing a sum of ₹25,000/- with the Prime Minister's Relief Fund.

7. The petitioners state that the said sum has been deposited, however, they are unable to comply with condition of filing their requisite documents as their DIN (Director Identification Number) as well as the DSC (Digital Signature Certificate) have not been activated.

8. In several such matters, this Court has directed that it would be necessary for the respondents to activate the DIN and DSC of the directors, who had been disqualified as directors for defaults committed by companies that were removed from the Register of Companies but were to be reinstated. Accordingly, the respondents are directed to activate the DIN and DSC of the petitioners in order for the petitioners to comply with the orders passed by NCLT. The petitioners would have a further period of 45 days from activation of their DIN and DSC to file the requisite forms and comply with the decision of NCLT. However, thereafter, their DIN would be deactivated. This is so because the petitioners are also directors of M/s Joginder Software Private Limited which has not been revived. In addition, the petitioner no.2 is also a director of M/s Bhati Garments Private Limited.

9. It is further clarified that in the event the appeals preferred by the petitioners in respect of Bhati Garments Private Ltd. is allowed, the respondent will once again activate the DIN/DSC to enable the petitioner no.2 to comply with any order that may be passed by NCLT.

10. The learned counsel appearing for the respondents request that the petitioners be directed to file Form 28 in physical form. He states that the DIN and DSC shall be activated within a period of one week thereafter. It is so directed."

3. The petitioners may file Form 28 in physical form within a period of one week from today. The DIN and DSC of the petitioners shall be activated within a period of one week thereafter

as directed on 19.09.2018.

4.

The application is, accordingly, disposed of. 5.

Order dasti under signatures of the Court Master. VIBHU BAKHRU, J OCTOBER 01, 2018 ab