Bholanath Ingots Private Limited & ANR v. Union Of India & ANR

$~28 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 1294/2018 & CM No. 5393/2018 BHOLANATH INGOTS PRIVATE LIMITED & ANR ..... Petitioners Through:

Ms Sonia Dube and Ms Surbhi Anand, Advocates.

versus UNION OF INDIA & ORS ..... Respondents Through:

Mr Vijay Joshi, Sr. Panel Counsel for UOI with Mr Mayank Sharma, Advocate.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 23.10.2018 1.

The petitioners have filed the present petition, inter alia, impugning the decision of the respondents to include name of the petitioner no.1 in the list of shell companies. The petitioners claim that the same is contrary to the provisions of Section 248 of the Companies Act, 2013. 2.

After some arguments, learned counsel appearing for the petitioners states that the petitioners would be satisfied if the present petition is disposed of in terms of the order passed by this Court on 20.03.2018 in Subhlabh Steels Pvt. Ltd. and Anr. v. Union of India, Ministry of Corporate Affairs and Anr.: W.P.(C) 2677/2018. The learned counsel appearing for the respondents also concurs with the said request of the learned counsel for the petitioners.

3.

In the said order, this Court had noted the statement made by learned

ASG that no directions had been issued to the banks based on the list of shell companies as annexed to the said petition.

The Court had also granted opportunity to the petitioner to approach this Court in case any coercive steps are taken.

4.

In view of the consensus between the parties, the petition is disposed of in the said terms of the order dated 20.03.2018 passed in W.P.(C) 2677/2018. The pending application is also disposed of. It is clarified that the petitioner would be at liberty to apply in case any coercive steps are taken.

VIBHU BAKHRU, J OCTOBER 23, 2018 MK