SHARAD KUMAR SINHA Vs. UNION OF INDIA

JUDGEMENT

(1.) This hearing has been done by video conferencing.

(2.) The Petitioner is a Director in Mafcons Buildwell Private Limited. The said company was struck off on 8th August, 2018. Due to alleged non-compliance/default in Mafcons Buildwell Private Limited under Section 164(2) of the Companies Act, 2013 i.e., non-filing of financial statements or annual returns for any continuous period of three financial years, the Petitioner was disqualified as a director from 1st November, 2017 to 31st October, 2022 and his DIN and DSC was also de-activated. The Petitioner now also wishes to start a fresh business.

(3.) This Court has considered the legal position relating to activation of DIN/DSC numbers of directors of defaulting companies in Anjali Bhargava & Anr. v. UOI & Anr. [W.P.(C) 11264/2020, decided on 6th January, 2021]. The relevant portion of the said order reads: