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2021 (1) TMI 452 - HC - Companies LawRestoration of name of petitioners in the Register of Companies - non-filing of financial statements and annual returns for three consecutive financial years - section 252 of Companies Act - Disqualification of petitioners form acting as petitioners - deactivation of DIN - Section 164 and 167 of the Companies Act, 2013 - HELD THAT:- In furtherance of the purpose of this scheme, directors of struck off companies who seek to be appointed as directors of other/new companies, ought to be provided an opportunity to avail of this scheme, provided that they have undergone a substantial period of their disqualification. The scheme clearly seeks to provide a fresh start for directors of defaulting companies who seek appointment in other companies or wish to start new businesses. Therefore, if a substantial period has passed since the disqualification of such directors, they ought to be given an opportunity to avail of the scheme. The CFSS-2020 was last extended till 31st December 2020. If the scheme is extended beyond 30th December, 2020, directors who fall in any of the categories mentioned above ought to be given an opportunity to avail of the same. Let the DIN/DSC numbers of the Petitioners be reactivated so as to enable them continue to act as directors in M/s. Golden Saphire Shipping and Logistics (India) Pvt. Ltd., and also to enable the Petitioners set up any new company in accordance with law. The reactivation be done within one week - petition disposed off.
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