2021 (4) TMI 747

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....ts Through: Mr. Aman Malik, Advocate. 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.....

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....k place in 2017 and the Petitioner approached this Court only now i.e., in 2021. He 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 caus....

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....ion and must not encourage fence-sitters. In the present case, the disqualification took place in 2017 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 applica....