2022 (10) TMI 440

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....ng interim relief of issuing directions to the other director to affix his digital signature in the prescribed E-Form 22A (Active) sent to him by the applicant through email dated 23.04.2022 and file the same along with payment of fee/penalty as required so that the status of the company becomes active in the records of the Registrar of Companies, Uttar Pradesh. 3. The respondents, in their reply dated 15.09.2022, have submitted that there is a directorial dispute subsisting between the petitioner and respondent No. 1. A reference is also made to the complaint filed by the respondent No. 1 against the applicant before the ROC Kanpur. It is further stated that the respondent company is a Government company as per provision of Section 455 of....

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.... the complaint has been closed (Page 18 of the supplementary affidavit). The applicant has also stated that despite all her efforts to make the statutory compliances, the company still continues to remain active non-compliant because respondent No. 1 is not cooperating in filing Form 22A. 6. In this context, reference is made to Rule 25A of the Companies (Incorporation) Rules, 2014 which reads as under: "Every Company incorporated on or before the 31st December, 2017 shall file the particulars of the company and its registered office, in e-form Active (Active Company Tagging identities and verification) on or before 15.06.2019 Provided that any company which has not filed its due financial statements under Section 137 or due annual ret....

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....en closed. It is further noted that the petitioner holds over 33% equity shares and 8% preference shares in the company as against 5 shares held by respondent No. 1. The dormant status of the company does not provide any exclusion from the compliance under Rule 25A of companies (Incorporation) Rules, 2014 and therefore, both the directors are legally obligated to discharge their obligations under the said Rule 25A. As the respondent has fairly admitted during the proceedings that the affairs are currently managed by the sole surviving respondent director, i.e., respondent No. 1, it is all the more obligatory for him to ensure compliance with all the Rules and Regulations laid down in the Companies Act 2013 and the Rules made thereunder. 8.....