2021 (4) TMI 747

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Prathiba M. Singh, J.(Oral) 1. This hearing has been done through hybrid mode (physical and virtual hearing). 2. The Petitioner is a Director in the following five companies: (i) M/s Princely Infrapromoters Pvt. Ltd. - ROC, Delhi (ii) M/s Smart Home Infra Projects Pvt. Ltd. - ROC, Mumbai (iii) M/s Credence Hometech Pvt. Ltd. - ROC, Mumbai (iv) M/s Richa Lifestyle Pvt. Ltd. - ROC, Mumbai....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... relies on the following two judgments: (i) State of Orissa & Anr. v. Mamata Mohanty, (2011) 3 SCC 436; (ii) Chairman/MD, U.P. Power Corporation Ltd. & Ors. v. Ram Gopal, 2020 SCC OnLine SC 101 5. The disqualification of the Petitioner and deactivation of his DIN/DSC results in a continuing cause of action inasmuch as the Petitioner is unable to file any compliances owing to the five-year dis....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... but various issues have been raised as to whether the list of disqualified directors was published in time. Moreover, no individual communication has been sent by the RoC to any of the directors informing them of their disqualification. It is noticed that in most cases, it is only when an application is made to the ROC for filing the relevant documents that a director is informed of his/her disqu....