HC PERMITS DISQUALIFIED DIRECTOR WITH FROZEN DIN & DSC TO AVAIL CFSS 2020

Ashish Gupta Vs. Union of India (Delhi High Court)

The issue under consideration is whether Disqualified Director whose DIN and DSC has been frozen by the ROC due to non compliance will be eligible for Companies Fresh Start Scheme 2020?

The Petitioner, is a director in three companies namely (i) Delhi Control Devices Private Limited (hereinafter, “DCDPL”) (ii) ABMR Tradex Private Limited (hereinafter, “ABMR”), & (iii) DCD Grand Power India Private Limited (hereinafter, “DCD Grand”). He has been disqualified as a director under Section 164 of the Companies Act, 2013 with effect from 1st November 2017, due to the alleged non-compliance by DCDPL in filing its returns from 2014-2017. The DIN and DSC of the Petitioner have also been frozen, though the name of the company, DCDPL has not been struck off and it continues to be an active company.

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