$~25

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 6^thJanuary, 2021

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W.P.(C) 87/2021 & CM APPLs. 271-72/2021

TAPASH KUMAR SAMADDAR AND ANR.

..... Petitioners

Through:

Mr. Rahul Rai, Advocate.

versus

MINISTRY OF CORPORATE AFFAIRS AND ANR.... Respondents

Through:

Mr. N.K. Srivastava, Sr. counsel for

UOI. (M:9999049417)

CORAM:

JUSTICE PRATHIBA M. SINGH

Prathiba M. Singh, J. (Oral)

1.

This hearing has been done by video conferencing.

2.

The Petitioners were directors of two companies, namely, Golden

Saphire Shipping and Logistics (India) Pvt. Ltd. and Golden Horn Container

Services Pvt. Ltd. The name of Golden Horn Container Services Pvt. Ltd.

was struck off for non-filing of financial statements and annual returns for

three consecutive financial years. The Petitioners were disqualified and their

Director Identification Number (hereinafter, “DIN”) and Digital Signature

Certificate (hereinafter, “DSC”) were also deactivated. It is submitted that

the Petitioners now wish to start a new business and accordingly, pray for

reactivation of their DIN/DSC.

3.

The legal aspects arising out of disqualification of directors under

Section 164 and 167 of the Companies Act, 2013 and