TMI Blog2021 (3) TMI 594X X X X Extracts X X X X X X X X Extracts X X X X ..... , AARTI KHANTWAL, AND VINEET WADHWA VERSUS UNION OF INDIA AND ANR. [ 2019 (11) TMI 319 - DELHI HIGH COURT] , the DINs and DSCs of the Petitioners shall be re-activated within a period of ten days. If, in addition, the Petitioners wish to seek restoration of the struck off company, the Petitioners are permitted to seek their remedies in accordance with law before the NCLT. Petition disposed off. - W.P.(C) 281/2021 - - - Dated:- 15-1-2021 - JUSTICE PRATHIBA M. SINGH Petitioners Through: Mr. Nikhil Kumar Verma, Advocate (M: 9818143481). Respondents Through:Mr. Nawal Kishore Jha, Senior Panel Counsel (M: 9810442918). Mr. Santosh Kumar, Registrar of Companies, Delhi. Prathiba M. Singh, J. (Oral) 1. This hearing ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a director is disqualified qua one company i.e., the defaulting company, the office of the said director would become vacant in all companies. The said proviso, has, however, come into effect only on 7th May, 2018. In Mukut Pathak (supra) it was held that this proviso cannot have retrospective effect and would only apply if the disqualification took place after 7th May 2018. Paragraph 98 of Mukut Pathak (supra) reads as under: 98. In view of the above, the petitioners would not demit their office on account of disqualifications incurred under Section 164 (2) of the Act by virtue of Section 167(1)(a) of the Act prior to the statutory amendments introduced with effect from 07.05.2018. However, if they suffer any of the disqualifications ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng of documents, to put their affairs in order. Applying the scheme to the facts of the case, this Court in Sandeep Agarwal (supra) directed reactivation of the DINs and DSCs of directors of two companies one whose name had been struck off and one, which was still active. Thus, the DINs and DSCs of disqualified directors of struck off companies, who are also directors in active companies, may be reactivated qua the active companies, in line with the spirit of the CFSS-2020. (c) Directors of active companies who have been disqualified: In cases where directors of active companies have been disqualified, CFSS-2020 would squarely apply. Such directors would be entitled to avail of CFSS-2020 and file documents of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f 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. 5. Mr. Santosh Kumar, Registrar of Companies, Delhi was requested to join the proceedings. He has joined the proceedings today. On a specific query from the Court, he has infor ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
