TMI Blog2019 (8) TMI 272X X X X Extracts X X X X X X X X Extracts X X X X ..... o have been disqualified under Section 164(2)(a) of the Companies Act, 2013 on account of defaults committed by the said company for a period of three consecutive years commencing from 01.11.2014. This Court is informed that the petitioner s DIN and DSC have been restored - petition allowed. - W.P.(C) 6109/2019 - - - Dated:- 29-7-2019 - MR. VIBHU BAKHRU J. Petitioner Through: Mr. Pankaj Bhagat, Mr. Sadre Alam, Advocates. Respondents Through: Mr. Chiranjeev Kumar, Advocate for R1 and R2/UOI. O R D E R VIBHU BAKHRU, J 1. The petitioner has filed the present petition impugning an order dated 07.09.2018 passed by Registrar of Companies (ROC). 2. By the said impugned order, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing from 01.11.2014. 5. The petitioner, being aggrieved by the aforesaid action, had approached this Court by filing a writ petition W.P. (C) No. 4112/2018 captioned Vibhor Mehra v. Union of India and Ors . The said writ petition was disposed of by an order dated 24.04.2018, inter alia, directing the ROC to consider the petitioner s contention and pass a speaking order. 6. In compliance with the said order, the ROC has passed the impugned order once again rejecting the petitioner s contention that he had resigned, inter alia, on the ground that the petitioner had not filed Form DIR-11 indicating his resignation from the Company. The petitioner contends that there was no requirement for filing Form DIR-11 at the mate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consecutive years commencing from 01.11.2014. 10. In view of the above, the impugned order is set aside. 11. This Court is informed that the petitioner s DIN and DSC have been restored. In view of the above, no further orders are required to be passed by this Court in this regard. 12. It is clarified that if ROC finds any material to doubt the claim made by the petitioner that he had sent his resignation to the Company or that any of the statements made by him including the statements that the petitioner did not act for the Company after his resignation and did not have any stake in the Company at any point of time are found to be incorrect; the ROC would be at liberty to revoke the petitioner s DIN, DSC and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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