Gautam Overseas Ltd & ANR. v. Registrar Of Companies Ministry Of Corporate Affairs NCT Delhi Haryana
$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2813/2025 GAUTAM OVERSEAS LTD & ANR.
.....Petitioners Through:
Mr. Abhinav Mukherjee, Sr. Adv., Mr. Nitin Sharma and Mr. Sohrab Singh Mann, Adv.
versus REGISTRAR OF COMPANIES MINISTRY OF CORPORATE AFFAIRS NCT DELHI HARYANA .....Respondent Through:
Mr. Nitinjya Chaudhry, Sr. Panel Counsel, Mr. Gokul Sharma, GP. Mr.
Rahul Monga, Adv.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
O R D E R
% 03.04.2025 1.
The present petition inter-alia seeks to assail a letter dated 30.12.2024 issued by the respondent and a direction to the respondent to remove from their records the tag of 'Management Dispute' recorded qua the petitioner no.1 company/ Gautam Overseas Ltd.
2.
It is contended by learned counsel for the respondent that the said action was taken in view of certain internal disputes within the management / shareholders of the petitioner no.1 company on the basis of a Circular (bearing No.17/135/2011-CL.V) dated 02.05.2011, issued by the Ministry of Cooperate Affairs, Government of India.
3.
During the course of hearing, it transpires that the disputes between the management/shareholders of the petitioner no.1 company are fully resolved. The same has also been taken note of by the Supreme Court while The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
permitting withdrawal of Special Leave to Appeal No.36478/2012 vide order dated 27.09.2024.
4.
It is submitted by learned senior counsel for the petitioner that no outstanding dispute whatsoever survives pursuant to a deed of settlement dated 12.08.2024. It is submitted that all outstanding disputes stood resolved in terms thereof.
5.
It is submitted that pursuant to the aforesaid settlement, the shareholders of the petitioner no.1 company addressed letters to the concerned Deputy Registrar of Companies intimating the same and requesting that the company be activated. However, on 30.12.2024, the concerned Deputy Registrar of Companies issued a communication stating as under:
"No.ROC/Delhi/MD/Gautam/2024/4828 Dated: 30.12.2024 To Gautam Overseas Limited Office No.11 Wood Villa IInd Avenue Bandh Road Chandan Haula, New Delhi-110074.
Gautam Overseas Limited D-18 First Floor 11 Feet Road, Chattarpur Near Syndicate Bank Mehrauli, New Delhi-110074. Sub: In the matter of Gautam Overseas Limited. Sir, With reference to your letter dated 07.03.2024 followed by letter dated 11.11.2024 on the subject cited above for Demarking the company from having the tag of 'Management Dispute', in this regard you are requested to provide copy of the judicial order in this regard, wherein directions have been issued for demarking the company from having the tag of 'Management Dispute'.
Yours faithfully, (Gaurav) Dy. Registrar of Companies The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
NCT Delhi & Haryana."
6.
After some hearing, learned counsel for the respondent fairly submits that upon a joint declaration being given by the shareholders of the petitioner no.1 company to the effect that there are no outstanding inter se disputes between the shareholders, the Registrar of Companies/respondent will remove the tag of 'management disputes' qua the petitioner no.1 company. He further submits, on instructions, that the statutory filings of the petitioner no.1 shall also be duly accepted subject to the applicable late payment fees being paid by the petitioner no.1. The said statement is taken on record.
7.
Let the needful be done by the respondent / Registrar of Companies within a period of four weeks from the date of submission of the joint declaration by the shareholders of the petitioner no.1 company. 8.
The petition is disposed of in the above terms. SACHIN DATTA, J APRIL 3, 2025/cl The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.