MUKUL MITTAL & ANR Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of the present petition under Articles 226 and 227 of the Constitution of India, the petitioners seek the following reliefs:-

(2.) On 17.03.2008, when M/s "Agarwal Bandhu Infra Developers Private Limited" (hereinafter referred to as the "Company") was incorporated as a company, the two petitioners were appointed as its directors. Although the company continued to run smoothly for a few years and filed its statutory returns in a timely manner till 31.03.2013, its business slowed down thereafter and it stopped filing statutory returns as mandated under the provisions of the Companies Act, 2013 (hereinafter referred to as 'the Act'). As a consequence, the name of the Company was, vide a public notice dated 30.06.2017, struck off from the register of companies in accordance with the provisions of Section 248 of the Act. The petitioners, being directors of the Company, were consequently disqualified under Section 164(2)(a) of the Act for a period of five years, i.e., from 01.11.2016 to 31.10.2021, and their names were included in the 'List of Disqualified Directors' published by the respondent on 03.10.2017. A further consequence of their disqualification as Directors was the cancellation of their Director Identification Numbers (DINs) and Digital Signature Certificates (DSCs).

(3.) It emerges that on an appeal filed by the Company under Section 252 of the Act, its name was restored in the register of companies by an order dated 22.10.2019 passed by the National Company Law Tribunal (NCLT), Principal Bench. The said restoration was, however, subject to the Company filing the requisite documents and paying outstanding fee along with the fine applicable thereon as mandated by the rules, for the defaulting years.