Removal of Disqualification of Director-
Without Revival of Company –
“High Court”
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Court
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High Court Of Judicature For Rajasthan
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Parties
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Niranjan Kumar V/S Union of India.
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Advocate
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Mr. Jeetam Saini
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Hon’ble Justice
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Mr. Sanjeev Prakash Sharma
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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
