Delhi High Court orders to reactivate DIN or DSC of Director alleged of Non-Filing of Annual Returns [Read Order]

Delhi HC -DINs - DSC - Non-Filing - Annual Returns - taxscan

The Delhi High Court ordered the reactivate the Director Identification Numbers (DINs) and Digital Signature Certificates (DSCs) of Directors alleged of Non-Filing of Annual Returns.

Mr. Aman Malik, the Counsel appearing for the Respondents submits that the writ petition is hopelessly barred by delay and latches as the disqualification took place in 2017 and the Petitioner approached this Court only now i.e., in 2021.

Mr. Himanshu Harbola, the counsel for petitioner, Sandeep Ahuja contended that the disqualification of the Petitioner, and deactivation of his DIN/DSC results in a continuing cause of action inasmuch as the Petitioner is unable to file any compliances owing to the five-year disqualification. Since the period of disqualification itself is not yet completed, the writ petition cannot be held to be barred by delay and latches.

The single judge bench of Justice Prathiba M.Singh held that since the disqualification of the Petitioner took place prior to 7th May, 2018, the Petitioner’s disqualification qua the other active companies is set aside and his DINs/DSCs is directed to be reactivated.

The court directed that the present order shall be served by the Petitioner on the ROC, Delhi and Mumbai and the Petitioner’s DIN/DSC shall be reactivated within a period of 10 days from service of the order.

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