Sharat Chand Jain And Ors vs Union Of India And Anr

1.The writ pe(cid:22)(cid:22)on has been ins(cid:22)tuted in view of the no(cid:22)ce dated 6th September, 2017 and 12th September, 2017 issued under Sec(cid:22)on 164(2)

(a) of the Companies Act, 2013 by the respondents disqualifying the pe(cid:22)(cid:22)oners as Directors in the company for the reason that there was

default in submi(cid:49)ng returns with regard to the affairs of the said Company which were statutorily required to be filed with the Registrar of

Companies for a continuous period of three financial years.

2.In this case, the pe(cid:22)(cid:22)oner has submi(cid:54)ed that there was a default on its part, however before any penal ac(cid:22)on could be ini(cid:22)ated against it by

the respondents under the provisions of the Companies Act, 2013, the company made good the default and submi(cid:54)ed all requisite statutory

returns.

3.Yet, it appears that the pe(cid:22)(cid:22)oners stood disqualified by the no(cid:22)ces dated 6th September, 2017 and 12th September, 2017 necessita(cid:22)ng the

filing of the writ petition.

4.At the (cid:22)me of issuing no(cid:22)ce to show cause in the writ pe(cid:22)(cid:22)on, we had also granted interim stay of the impugned no(cid:22)ces dated 6th

September, 2017 and 12th September, 2017 so far as they concern the writ petitioners.

5.We are informed by Ms. Maninder Acharya, learned ASG, on instruc(cid:22)ons from on instruc(cid:22)ons from Mr.Kir(cid:22)man Singh, learned CGSC; Mr.

Sanjay Shorey, Director (Legal) for the Union of India and Mr. Rakesh Tiwari, Registrar of Companies that pursuant to the said orders granted by

this court, the Director Identification Number (DIN) of the petitioner was activated by the respondents.

6.It is submitted by Ms. Maninder Acharya, learned ASG, on instructions, that the fact that the deficiencies in the compliances were  madeÂ

good by the company before the no(cid:22)ce of disqualifica(cid:22)on was uploaded on the website is not disputed and in view thereof the

name of the petitioners deserve to be removed from the list of disqualified directors.

7.In view of the above, it is directed that the respondents shall forthwith remove the name of the pe(cid:22)(cid:22)oners from the list of disqualified

directors. The requisite no(cid:22)ce in this regard be posted on the website and orders to this effect be communicated to the pe(cid:22)(cid:22)oner within a

period of two weeks from today.

8.This writ petition is allowed in the above terms.