2019 (4) TMI 1993 - HC - Companies Law

Disqualification of Directors - non-filing of return for 3 consecutive years - disqualification of petitioner for the reason that from November, 2016 the returns have not been filed - HELD THAT - It is stated that even if the filing of returns of the 3 consecutive financial years i.e., 2014-2015, 2015-2016 2016- 2017 has been stated to have commenced from 2014, the application of issue has to be looked into. There shall be stay of the impugned notice where by the petitioner has been declared disqualified as directed as Director under Section 164(2) of the Companies Act, 2013 - Application disposed off.

Summary

Issues involved: Challenge to disqualification under Companies Act 2013 for non-filing of returns, retrospective effect of the Act, challenge to cancellation of DIN and Condonation of Delay Scheme, revival of DIN and digital signature.

Analysis:
1. Challenge to Disqualification: The petitioner challenged the disqualification under the Companies Act 2013, arguing that the alleged non-filing of returns for November 2016 should not lead to disqualification as the Act came into force in 2014 by retrospective effect. The counsel highlighted that the disqualification period should be from 2014-2015, 2015-2016, and 2016-2017, not specifically from November 2016. The issue of the application of the disqualification criteria was raised for consideration.

2. Cancellation of DIN and Condonation of Delay Scheme: The respondents contended that the cancellation of DIN and the Condonation of Delay Scheme were also challenged before the Bombay High Court. The Union of India challenged the order allowing the scheme, which was stayed by the Supreme Court. Reference was made to similar matters where DINs were revived by interim orders from the Delhi High Court.

3. Revival of DIN and Digital Signature: Considering the issues raised, the court granted interim relief by staying the notice declaring the petitioner disqualified under Section 164(2) of the Companies Act, 2013. The court ordered the revival of the petitioner's DIN number and digital signature without delay.

In conclusion, the High Court granted interim relief to the petitioner, staying the disqualification notice and directing the revival of the DIN number and digital signature. The judgment addressed the challenges related to the retrospective effect of the Companies Act 2013, cancellation of DIN, and the Condonation of Delay Scheme, ensuring a fair consideration of the issues involved.