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2023 Supreme(Del) 2021

PRATHIBA M. SINGH
Bharat Peraj Bhanushali – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. Yashoaj Guglani, Advocate, for the Petitioner.
Ms. Shiva Lakshmi, CGSC, for the Respondent.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.

CM APPL. 3540/2023 in W.P.(C) 12615/2022

2. The disqualification of directors, which was undertaken in respect of a large number of companies by the Ministry of Corporate Affairs in 2017 resulted in the Directors Identification Number (`DIN')/Digital Signature Certificate (`DSC') of the said directors also being deactivated.

3. Several judgments have been passed by High Courts across the country in respect of the said disqualification. The decisions of this Court that dealt with the substantive legal aspects relating to the disqualifications include-

i. Mukut Pathak & Ors. V. Union of India & Anr., [WP(C) No.9088/2018 decided on 04th November, 2019: ] and

ii. Anjali Bhargava and Anr v. Union of India & Anr., [WP(C) No. 11264/2020 decided on 6th January 2021]

4. Following the above two decisions, a number of petitions have been filed before this Court seeking reactivation of the DIN/DSC as also setting aside the disqualification and the same have been disposed of by various ld. Single Judges.

5. In one category of cases, there were difficulties being faced by the Petitioners as also the ROC, Delhi

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