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2020 (9) TMI 166 - HC - Companies LawMaintainability of petition - condoantion of delay in filing petition - Disqualification of Directors - Section 164 of Companies Act - publication of their names in the List of disqualified Directors - unfreeze their Director Identification Number (DIN) and Digital signatures certificates - only explanation sought to be offered by Mr. Verma, learned counsel appearing for the petitioners is that they were unaware of the publication of the aforesaid List till recently. He however concedes that there is no explanation offered in the petition for the delay. HELD THAT:- The aforesaid submission is not acceptable. Ignorance cannot bestow any benefit on a litigant and nor can it be a ground to condone a delay of almost three years in approaching the court for relief. The petitioners had been disqualified for a period of five years commencing from 01.11.2016 and continuing to remain in force till 31.10.2021. By now, a little over one yeare of the period of disqualification is left to expire. But no steps have been taken by the petitioners to seek legal recourse in all this duration. Powers of judicial review vested in the court are discretionary in nature and in particular facts and circumstances, the court can decline to exercise the said power more so, when a party approaches the court for relief with a delay of almost three years, without an explanation worth the name for the said delay. The present petitions dismissed on the ground of delay.
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