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High Court of DelhiW.P.(C)/505/2018

Ramanathan Annamalai v. Union Of India And ANR.

2018-01-19Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 505/2018 RAMANATHAN ANNAMALAI ..... Petitioner Through Mr Divyesh Pratap Singh, Advocate.

versus UNION OF INDIA AND ANR.

..... Respondents Through Mr Neeraj, Advocate Senior Panel for Respondent No. 1 and Respondent No. 2/UOI.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 19.01.2018 CM 2170/2018 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

W.P.(C) 505/2018 & CM 2171/2018 (stay) 3.

The petitioner has filed the present petition impugning the list of disqualified directors published by the respondent to the extent that it includes the name of the petitioner. It is the petitioner's case that he had resigned as a Director of the company in question - Go Dairy Private Limited - on 05.09.2012. He has also produced an e-mail from one Dr. Rahul Kumar (who it is stated was the Managing Director of the Company in question at the material time). The said e-mail acknowledges the petitioner's resignation.

4.

In view of the peculiar circumstances of this case, this Court considers

it apposite to permit the petitioner to make a representation to the Registrar of Companies (ROC). The ROC shall consider the petitioner's representation and take an informed decision as expeditiously as possible. The ROC shall also verify whether there is any other material, which could suggest that the petitioner had acted as a director of the company during the period after 26.08.2012.

5.

In the meanwhile, the impugned list of disqualified directors to the extent it includes the petitioner's name is stayed. It is clarified that the same would be subject to the final orders that may be passed by the ROC in respect of the petitioner's representation. It is further clarified that if no such representation is made within a period of two weeks from today. The interim order granted shall stand vacated.

6.

The petition alongwith the application is disposed of. 7.

Order dasti.

VIBHU BAKHRU, J JANUARY 19, 2018 pkv