TMI Blog2021 (4) TMI 747X X X X Extracts X X X X X X X X Extracts X X X X ..... N OF INDIA AND ANR. [ 2019 (11) TMI 319 - DELHI HIGH COURT] and since the disqualification of the Petitioner took place prior to 7th May, 2018, the Petitioner s disqualification qua the other active companies is set aside and his DINs/DSCs is directed to be reactivated. The present order shall be served by the Petitioner on the ROC, Delhi and Mumbai and the Petitioner s DIN/DSC shall be reacti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons Pvt. Ltd. - ROC, Mumbai 3. Due to non-filing of annual returns and balance sheets in one of the companies, the Petitioner was disqualified as a director in 2017 with effect from 1st November, 2017 to 31st October, 2022 under Section 164(2)(a) of the Companies Act, 2013. His DIN/DSC was also deactivated. All the five companies are active. Hence, ld. counsel appearing for the Petitioner pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n. Since the period of disqualification itself is not yet completed, the writ petition cannot be held to be barred by delay and latches. The question of delay and latches has also been considered by this Court in Sandeep Agarwal Anr. v. Union of India Anr. [W.P.(C)5490/2020, decided on 2nd September, 2020]. Similar orders for restoration have also been passed in Radhika Byrne v. UOI An ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alification. The disqualification period is also currently underway and during this period it cannot be said that the disqualification cannot be challenged or that the Petitioners were fence-sitters . 7. Insofar as Mamata Mohanty (supra) is concerned, this case dealt with a recurring cause of action with respect to the pay-scale. Here, since there was delay and latches, the Court refused to en ..... X X X X Extracts X X X X X X X X Extracts X X X X
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