Home Case Index All Cases Companies Law Companies Law + HC Companies Law - 2021 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (11) TMI 487 - HC - Companies LawSeeking recall of order - reactivation of the Directors Identification Number (DIN) of the writ petitioner - applicant was not impleaded as a party to the writ petition - HELD THAT:- Although the portion of the order under recall, by which the deactivation of the writ petitioner’s DIN was set aside, was justified since there was due compliance of the liabilities of the writ petitioner as director of the company-in-question, the latter portion of the order under recall, setting aside the operation of the order dated June 24, 2016 of the ROC, was in contravention of the Circular dated February 10, 2012 and, thus, bad in law. Since the review applicant was not impleaded as a party to the writ petition, there was no opportunity for the said applicant to point out the aforesaid flaw in the order under recall and/or any scope of arguing the question as raised in the review application at the relevant juncture, the portion of the order under recall setting aside the order dated June 24, 2016 is required to be recalled/set aside - Application is allowed, thereby recalling and setting aside the finding that it was beyond the scope of the jurisdiction of the ROC to direct that the documents filed by the directors would not be approved/registered/recorded and thus would not be available in the registry for public viewing and setting aside of the operation of a portion of the order dated June 24, 2016 by the ROC, Kolkata. The deactivation of the DIN of Krishna Kumar Rungta, the writ petitioner, is set aside and such DIN is re-activated - application allowed.
|