Ikshit Sharma And ORS. v. Union Of India And ORS.

$~22 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 462/2018 IKSHIT SHARMA AND ORS.

..... Petitioners Through:

Mr Prarthana Singh, Ms Priyanshu Upadhyay, Advocates.

versus UNION OF INDIA AND ORS.

..... Respondents Through:

Mr Bhagwan Swarup Shukla, CGSC with Mr Kamaldeep and Mr Suraj Kumar, Advocates for R-1 & R-2.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 17.01.2018 CM Nos.2004-2005/2018 1.

Allowed, subject to all just exceptions.

W.P.(C) 462/2018 & CM No.2003/2018 2.

The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors as published on the website to the extent it includes their names.

3.

The learned counsel for the petitioners unequivocally states that the petitioners seek to avail of the Condonation of Delay Scheme, 2018 (CODS2018) however they are unable to do so since the company in question, Altus Health Care Private Limited, has also been removed from the Register of Companies.

4.

Mr Bhagvan Swarup Shukla, learned counsel for the respondents points out that the petitioners have an alternate remedy of approaching the National Company Law Tribunal (NCLT) under Section 252 of the Companies Act, 2013 (hereafter 'the Act').

He further states that if the company is revived, the petitioners would be at liberty to avail of the CODS-2018.

5.

In view of the above, it is directed that in the event the petitioners / (or the company in question) files an appeal under Section 252 of the Act before the NCLT within a period of four weeks from today, the petitioners would be entitled to avail of CODS-2018 provided that the name of the company is restored on the Register.

6.

In the event, such an appeal is filed, NCLT is requested to dispose of the same as expeditiously as possible given that the CODS-2018 is only available till 31.03.2018. Notwithstanding, the above, it is clarified that in the event the NCLT is unable to dispose of the appeal within the time as requested for the reasons that are not attributable to the petitioners, the respondents shall ensure that the Scheme under CODS-2018 is extended in respect of the petitioners in order for the petitioners to avail of the same. In other words, the petitioners would not be deprived of the opportunity to avail the CODS-2018 only on account of pendency of the appeal before NCLT.

7.

In view of the above, the learned counsel for the petitioners seeks to withdraw the present petition with liberty to file an appropriate application under CODS-2018 and an appeal before the NCLT (if not already filed). 8.

In view of the CODS-2018, the impugned list to the extent it includes

the names of the petitioners is stayed till 31.03.2018. 9.

The petition along with the pending application is dismissed as withdrawn.

10.

Order dasti under signatures of the Court Master. VIBHU BAKHRU, J JANUARY 17, 2018 MK