Dr Satish Chandra v. Union Of India

$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2707/2024 & CM APPL. 11036/2024 DR SATISH CHANDRA ..... Petitioner Through:

Ms. Shashi Kiran, Ms. Usha Mishra and Mr. Pankaj K. Singh, Advocates.

versus UNION OF INDIA ..... Respondent Through:

Ms. Shiva Lakshmi, CGSC, Mr.

Madhav Baja and Mr.

Arani Chaudhury, Advocates.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 23.02.2024 1.

The Petitioner has approached this Court with the following prayers: "i) Issue a writ of mandamus or any other appropriate writ, order, or direction, directing the Government of India, for restraining the Consumer Forum and RERA from issuing NBW against Independent Directors without ascertaining the status of the Director from the Ministry of the Corporate Affairs and providing specific notice and ensuring its proper service to the concerned Independent/Nominee Directors.

ii) Direct the Ministry of the Consumer Affairs, government of India to provide correct status of the Directors-as Full time Director, Independent Director or a Nominee Director in their official website. iii) To grant any other relief or order that this Hon'ble The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/03/2024 at 11:08:26

Court deems fit and just in the interest of justice and equity."

2.

It is the case of the Petitioner that the Consumer Forum and RERA must be restrained from issuing notices and NBWs against Independent Directors without ascertaining the status and the role of the Director in the company from the Ministry of Corporate Affairs. 3.

Non-bailable warrants (NBWs) are issued by the Consumer Forum and RERA in order to execute their Orders or when it is found that Orders of the Forum/authorities are not being implemented. The Omnibus reliefs as prayed for in the writ petition cannot be granted to the Petitioner. 4.

Needless to state that the Consumer Forum and RERA will issue warrants as and when required only in accordance with law and in compliance with the circulars issued by the Union of India from time to time.

5.

In view of the above, the writ petition is disposed of, along with pending application(s), if any.

SUBRAMONIUM PRASAD, J FEBRUARY 23, 2024 S. Zakir The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/03/2024 at 11:08:26