Vijay Charlu vs Union Of India And Ors

Rajiv Shakdher, J

CM No.6975/2018 in W.P.(C) 1694/2018

CM No.7223/2018 in W.P.(C) 1741/2018

Allowed, subject to all just exceptions.

W.P.(C) 1694/2018 & CM No.6974/2018

W.P.(C) 1741/2018 & CM No.7222/2018

Issue notice. Ms. Anunita Chandra accepts notice on behalf of respondent no.1/UOI.

The issue which arises in the present petitions has arisen in several other cases before this Court. Therefore, the relief which I propose to give in

the present petitions is one which has been given in other matters as well. Thus, a counter affidavit is not necessary as the stand of the official

respondents is no different to that which were decided by my predecessor.

Briefly, the case of the petitioners is that they were appointed as Directors on the Board of a company by the name of Tangent Media Solutions

Pvt. Ltd (TMSL). The name of TMSL was struck off from the Register of Companies on account of failure to file requisite financial statements and

requisite annual returns.

The petitioners claim that there was no infraction of the provisions of Section 164(2)(a) and that this provision is applicable only to cases pertaining

to re-appointment or fresh appointment.

Dehors their objections to the impugned order, the petitioners wish to approach the second respondent/ROC for having the name of TMSL removed

from the Register of Companies by taking recourse to provisions of Section 248(2) of the Companies Act, 2013 (2013 Act).

Notably this provision i.e., Section 248(2) would, ordinarily, apply only to a running company. This is also the submission of the counsel for the

respondents. However, since another Single Judge of this Court in a judgment dated 21.12.2017, passed in W.P.(C) No.11381/2017 titled: Sandeep

Singh and Anr. vs. Registrar of Companies and Ors. has granted relief. I see no reason to deprive the petitioners of the same benefit. This is

especially so, as I am told that the directions contained in Sandeep Singh’s case and others were incorporated with the assistance of the learned

ASG.

In addition to the above, the petitioners submit that they wish to avail of the benefit of the Condonation of Delay Scheme, 2018 (for short

‘Scheme’).

In these circumstances, the writ petitions and applications are disposed of with the directions that the directives contained in Sandeep Singh (supra)

will apply mutatis mutandis to the petitioners herein as well.

The petitioners will approach the second respondent/ROC within three weeks from today.

Furthermore, the petitioners will also take steps to avail of the benefit of the Scheme, albeit, within the same time frame.

In view of the above, disqualification of the petitioners as directors as setforth shall in (annexure P-1), shall remain stayed till 31.3.2018.

On steps being taken by the petitioners, the respondents will deal with the request of the petitioners for restoration of their DIN and the DSC with

due expedition.

Dasti.