BALWAN SINGH & ANR.  Vs MINISTRY OF CORPORATE AFFAIRS & ANR.

W.P.(C) 152/2021 Page 1 of 3$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 18thJanuary, 2021
+ W.P.(C) 152/2021 & CM APPL. 451/2021
BALWAN SINGH & ANR. ….. Petitioners
Through: Mr. Ashish Middha, Advocate
(M-9810057257)
versus
MINISTRY OF CORPORATE AFFAIRS & ANR. ….. Respondents
Through: Mr. Chiranjivi Kumar & Mr. Mukesh
Sachdeva, Advocates for UOI.
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. This hearing has been done by video conferencing.
2. The Petitioners were the directors of a company, namely, Patanjali
Buildcon Private Limited having CIN U70109DL2012PTC243704. The said
company was struck off from the Register of Companies vide notice dated 8th
August, 2018. The Petitioners were disqualified as directors under Section
164(2) of the Companies Act, 2013 with effect from 1stNovember, 2017 to
31stOctober, 2022 and their DIN/DSC have been deactivated.
3. Ld. counsel for the Petitioners submits that the company has been
restored vide order dated 21stDecember, 2020 passed by the NCLT, Delhi.
The operative portion of the said order reads as under:
“10. In view of the above, we are inclined to allow
the Appeal. The Appeal is allowed subject to payment of
costs of Rs.50,000 (Fifty Thousand) only to the Prime
Minister’s Relief Fund, the proof of which will be
2021:DHC:197W.P.(C) 152/2021 Page 2 of 3furnished by the Appellant to the Registry of this
Tribunal within 07 days. The Registrar of this Tribunal
shall maintain the information about such deposits in a
separate E-register. The restoration of the Appellant
Company’s name in the Register will be subject to their
filing all outstanding documents for the defaulting years
as required by law and completion of all formalities,
including payment of any late fee or other charges
which are leviable by the respondents for the late filing
of statutory returns. The name of the Appellant
Company shall then stand restored in the Register of the
RoC, as if its name of the Appellant Company had not
been struck off.
11. The direction for freezing the Bank Account(s) of
the Appellant Company, if on this ground, shall
consequently be also set aside immediately to enable the
Company to carry out its business operation. Compliance
of this order for restoration shall be made by the
Respondent with all its consequential effects within one
week of all compliances made by the Appellant.”
4. The Registrar of Companies has now published a `Scheme for
condonation of delay for companies restored on the Register of Companies
between 1stDecember, 2020 and 31stDecember, 2020’ under Section 252 of
the Companies Act, 2013, dated 15thJanuary, 2021. As per the said Scheme,
considering that various NCLT benches have restored a number of companies
which were struck off, during the period 1stDecember to 31stDecember 2020,
but the said companies were unable to avail of the benefit of the Companies
Fresh Start Scheme, 2020 and file their documents in time, the time for filing
any overdue forms has been extended till 31stMarch 2021. As per the
Scheme, no additional fees would be payable for all such companies to whom
the scheme is applicable.
5. In view of the above, the following directions are issued:
2021:DHC:197W.P.(C) 152/2021 Page 3 of 3i) The DINs and DSCs of the Petitioners be reactivated within a
period of one week in order to enable the Directors to file the
relevant documents quathe restored company.
ii) The Company is permitted to file the documents in terms of the
Scheme dated 15thJanuary, 2021 before the concerned ROC.
6. No further orders are called for in this petition. The same is disposed of
in the above terms. All pending applications are also disposed of.
7. The digitally signed copy of the order shall be treated as the certified
copy of the order for being filed before the ROC.
PRATHIBA M. SINGH
JUDGE
JANUARY 18, 2021
Rahul/T
2021:DHC:197