Removal of Disqualification of Director- Without Revival of Company – “High Court”




Removal of Disqualification of Director- Without Revival of Company –
“High Court”

Court
High Court Of Judicature For Rajasthan
Parties
Niranjan Kumar V/S Union of India.

Advocate
Mr. Jeetam Saini
Hon’ble Justice
Mr. Sanjeev Prakash Sharma
FACATURAL BACKGROUND OF COMPANIES :

I.  Name of the petitioner has been mentioned in the list of Disqualified Director issued by the Registrar of Companies.
2. The petitioner is desirous of availing of CODS, 2018. However, Company is struck off, it      has been disable from availing the benefit of CODS-2018.
3. The Company also not in position to seek revival, since admittedly the Company has not carried out any business and was liable to be struck off from the ROC

RELIEF WANT FROM THE HON’BLE HIGH COURT :

I.       Allow the Company to avail CODS, 2018.
II.     Allow the Company for voluntarily dissolution u/s 248(2)
III.   Allow the Company to file all the pending documents with ROC.
IV.   To quash and set aside the list of disqualified directors dated 11/09/2017 to the extent the names of the petitioners have been included in the list.

INTERIM ORDER OF HON’BEL “HIGH COURT”::

I. The Hon’ble High Court has passed the following order on the basis of above mentioned fact.  The Court directs as under:
Companies shall file the below mentioned documents and application with Registrar of Companies in hard copies.
a)     The petitioners may file all the requisite returns in relation to the companies to avail the CODS 2018. 
b) The petitioners may continue to hold the post of director in the defaulting companies as well as in other companies so that they may be able to avail the benefit of CODS, 2018 during the pendency of the writ petition.
c)  The petitioner would also make a necessary application under CODS-2018 along with the         requisite charges. (CODS form with fees Rs. 30,000/-)
According to the order above mentioned documents shall be file in Hard Copies with Registrar of Companies.         

PLEASE FIND LINK OF ORDER