MOHAMMAD MOKARAM  Vs UNION OF INDIA & ANR.

W.P.(C) 725/2021 Page 1 of 3$~40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 18thJanuary, 2021
+ W.P.(C) 725/2021 & CM APPLs. 1799/2021, 1800/2021
MOHAMMAD MOKARAM ….. Petitioner
Through: Mr. Shubham Jaiswal, Advocate.
versus
UNION OF INDIA & ANR. ….. Respondents
Through: Mr. Rajendra Sahu, Sr. Panel Counsel
for R1&2.
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. This hearing has been done by video conferencing.
2. The Petitioner is a director in the following six companies:
a)L M Technobuild Private Limited;
b)The Silkote Tea Company Limited
c)Sunshine Tea Processing Co. Private Limited;
d)Sunshine Global Education Limited;
e)Bluestone Dealtrade Private Limited;
f)Hope All Infoline Private Limited
3. LM Technobuild Private Limited was struck off from the Register of
Companies, due to alleged non-compliance/default in LM Technobuild
Private Limited under Section 164(2)(a) of the Companies Act, 2013 i.e.,
non-filing of financial statements or annual returns for any continuous period
of three financial years. The Petitioner was also disqualified as a director from
1stNovember, 2016 to 31stOctober, 2021 and his DIN and DSC were
2021:DHC:199W.P.(C) 725/2021 Page 2 of 3de-activated.
4. The submission of ld. counsel for the Petitioner is that LM Technobuild
Private Limited has been restored vide order dated 7thJanuary, 2021 passed
by the NCLT, Delhi. He relies on the `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, to submit that the DIN and DSC of the
Petitioners be reactivated. 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. No additional fees would be payable
for all such companies to whom the scheme is applicable.
5. In the present case, arguments were stated to have been heard and
reserved for orders by the NCLT, Delhi on 24thDecember, 2020. However,
orders were pronounced only on 7thJanuary, 2021. The company having been
restored as per the NCLT’s order, the following directions are issued:
i) The DIN and DSC of the Petitioners be reactivated within a
week, in terms of the judgment in Mukut Pathak & Ors. v. Union of
India & Ors., 265 (2019) DLT 506.
ii) Though the Scheme of 15thJanuary 2021 is explicitly applicable
to companies which were restored prior to 31stDecember 2020. In the
spirit of the Scheme, as orders were reserved on 24thDecember 2020, it
is held that LM Technobuild Private Limited is entitled to avail of the
same as the NCLT has already passed orders for restoration of the
2021:DHC:199W.P.(C) 725/2021 Page 3 of 3same. It is accordingly permitted to avail of the Scheme notified on 15th
January, 2021 and file its documents in terms of the said Scheme within
the time period prescribed in the Scheme.
6. The petition 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:199