Full Text
W.P.(C)796/2019
SONYA SURI ,, Petitioner
Through: Mr Mohit Chaudhary, Ms Srishti Gupta and Ms Garima Sharma, Advocates.
25.01.2019 CM No.3535/2019
ORDER
1. Allowed,subjectto alljust exceptions. W.P.(C)796/2019& CM No.3534/2019
2. Issue notice. Learned counsel appearing forthe respondent accepts notice.
3. The petitioner has filed the present petition,inter alia, impugning the list of disqualified Directors to the extent it includes the name of the petitioner. The petitioner states that the petitioner has been disqualified in terms of Section 164(2)(a) of the Companies Act, 2013, on account of defaults committed in relation to respondent no.3 (Vibha Build Tech Pvt. Ltd.). It is also stated that the said company has been struck offfrom the Register ofCompanies. 2019:DHC:7666
4. Respondent no.3 was incorporated on 29.04.2010, and it is the petitioner's case that she was a Director ofthe said company only for a few months as she had resigned on 01.07.2010. In order to support her contention, she has also produced a copy ofthe Resolution ofthe Board of Directors dated 07.06.2010, where she was removed as a signatory to the bank accounts ofthe respondent no.3 company maintained with M/s Axis Bank Limited. It is also asserted that she has, thereafter, not acted in any manner for the said company.
5. In view ofthe averments made in the present petition,the impugned action ofplacing the petitioner's name in the list ofdisqualified Directors is notsustainable.The petition is allowed andtheimpugned listofdisqualified Directors, as published on the website of respondent no.2 (Registrar of. Companies),totheextentitincludesthe petitioner'snameissetaside.
6. However,itis clarifiedthatinthe eventrespondentno.2hasreason to believe thatthe petitioner continues to be a Director ofrespondent no.3,it would be open for respondent no.2 to initiate fresh proceedings for disqualification ofthe petitioner as a Director.Such action shall be taken only after due opportunity is provided to the petitioner to respond to the materialinpossessionofrespondentno.2and beheard.
7. Allpendingapplications are alsodisposed of.
VIBHU BAKHRU,J JANUARY 25,2019^ MK