Two directors aggrieved by the disqualification list published by Ministry of Corporate Affair approached the Delhi Superior courtroom with an additional realted problem that what would happen to director who don’t want to continue with their directorship in the disqualified companies ( as a effect of which) their DIN got cancelled.
It is appropriate to point out that before a series of petitions have been brought before the Hon’ble Superior Courts raking up the problem of arbitrary and illegal disqualification of the director vide the impugned list revealed by the Ministry of Corporate affairs disqualifying the director and cancelling their DIN Selection with Immediate impact in consonance with the Portion 164 of the Businesses Act, 2013.,
The Hon’ble Superior courtroom of Hyderabad, Madras and Delhi have now admitted these kinds of petitions wherein legality of impugned list is less than challgene and have directed Union of India to file response to these kinds of petitions.
In the in the meantime the MCA on 29.12.2017 arrived up with a plan specifically Condonation of Hold off Scheme ,2018 whereby relief was granted to a lot of disqualified directors by making it possible for them to file the requisite documents and accounts with ROC before 31.03.2018 in terms of which numerous petition had been dismissed as withdrawn.
On the other hand, in the existing Writ petition of the directors before the Hon’ble Superior courtroom of Delhi the Grievances of the petitioners was slightly various i.e :
- The petitioner argued that they were not covered by the COD plan released by the Ministry as the stated plan exclude companies which have been trapped off/ and the firm (Shamoga Valley Resorts Private Limited ) for whose default the petitioners had been disqualified was also trapped off firm therefore could not be covered less than the plan.
The appropriate protion of the Scheme reads, inter alia, as less than:
“3. Applicability: – This plan is applicable to all defaulting companies (other than the companies which have been trapped off/ whose names have been eradicated from the sign-up of companies less than portion 248(5) of the Act). A defaulting firm is permitted to file its overdue documents which had been owing for submitting until 30.06.2017 in accordance with the provisions of this Scheme.”
More petitioner argued that there had been disputes in between the petitioners and other director of Shamoga Valley Resorts Private Limited and consequently they really do not want to keep on with the stated firm as directors and they are clueless as ministry have not issued any direction in this regard.
Mr. shukla Counsel for the respondent (Union of India), who appeared on progress observe submitted that he would have to just take guidance in the subject given that the petitioners do not want to keep on their engagement with SVRL
The Hon’ble Superior Court docket of Delhi was pleased to Challenge observe and direct Mr. Shukla to file a counter affidavit on behalf of the respondents though keeping the procedure of the impugned list insofar as it incorporates the title of the petitioners until 31.3.2018 expecting by that time Division Bench may come to a decision the destiny of the impugned list in the comparable petition pending before it.
Syed Asif Iqbal
Advocate, Superior Court docket of Delhi
Apply in the field of Contracts, Land acquisition, Buyer & Arbitration matters
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