Union Of India & ANR v. Sukhdeep Bhogal & ANR

$~6 to 11, 13 to 42 & 45 to 48 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

LPA 64/2018 & CM APPL. 6177-78/2018 THE UNION OF INDIA & ANR .... Appellants Mr.Kirtiman Singh, CGSC with Ms.

Vidhi Jain, Adv.

Mrs. Prema Priyadarshini, Adv.

PARESH NATH SHARMA & ANR Mr. S. P. Singh Chawla, Amicus LPA 130/2018 & CM APPL. 11412-11414/2018 UNION OF INDIA AND ORS Mr. Kirtiman Singh, CGSC and Ms.

Vidhi Jain, Advocate.

HARPREET SINGH CHHABRA AND ANR LPA 131/2018 & CM APPL. 11415-11417/2018 Mrs. Prema Priyadarshini, Senior Panel Counsel.

HARPREET SINGH BATRA & ORS LPA 132/2018 & CM APPL. 11418-11420/2018 Mrs. Prema Priyadarshini, Senior Panel Counsel.

GAURAV MARYA ..... Respondent LPA 133/2018 & CM APPL. 11421-11423/2018 THE UNION OF INDIA & ANR Ms. Shiva Lakshmi, CGSC.

KUNWAR VIKRAM SINGH ..... Respondent LPA 134/2018 & CM APPL. 11424-11426/2018 THE UNION OF INDIA THROUGH THE SECRETARY & ANR

Ms. Shiva Lakshmi, CGSC.

MS LATIKA DATT ABBOTT & ANR Mr. Satvik Issar and Mr. Kustubh Prakash, Advs.

LPA 136/2018 & CM APPL. 11430-11432/2018 UNION OF INDIA AND ORS Ms. Shiva Lakshmi, CGSC.

GAUTAM KHURANA AND ORS .... Respondents Dr. Chandra Shekhar, Advocates for R-1.

LPA 137/2018 & CM APPL. 11433-11435/2018 UNION OF INDIA & ORS Mr. Kirtiman Singh, CGSC and Ms.

Vidhi Jain, Advocate.

Mr. Vikram Jetly, CGSC alongwith Ms. Shreya Jetly, Advocate.

SANDEEP SINGH & ANR

LPA 138/2018 & CM APPL. 11436-11438/2018 UNION OF INDIA AND ORS Mr. Kirtiman Singh, CGSC and Ms.

Vidhi Jain, Advocate.

Mr. Vikram Jetly, CGSC alongwith Ms. Shreya Jetly, Advocate.

SAMIRAN GUPTA AND ANR LPA 139/2018 & CM APPL. 11439-11441/2018 UNION OF INDIA & ORS Mr. Kirtiman Singh, CGSC and Ms.

Vidhi Jain, Advocate.

AJAY SINGH & ORS Mr. S. P. Singh, Chawla, Advocate.

LPA 140/2018 & CM APPL. 11442-11444/2018 Ms. Shiva Lakshmi, CGSC.

HARI MOHAN GUPTA & ORS

LPA 141/2018 & CM APPL. 11445-11447/2018 UNION OF INDIA & ORS .....Appellants Mr. Kirtiman Singh, CGSC and Ms.

Vidhi Jain, Advocate.

JAI S PATHAK ..... Respondent LPA 142/2018 & CM APPL. 11448-11450/2018 UNION OF INDIA THROUGH THE SECRETARY & ANR Ms. Shiva Lakshmi, CGSC.

NAIVEDYA SHARMA & ORS LPA 143/2018 & CM APPL. 11451-11453/2018 UNION OF INDIA THR THE SECRETARY & ANR..... Appellants Ms. Shiva Lakshmi, CGSC.

PRADEEP JAIN ..... Respondent LPA 144/2018 & CM APPL. 11454-11456/2018 UNION OF INDIA & ORS Mr. Kirtiman Singh, CGSC and Ms.

Vidhi Jain, Advocate.

SANJEEV KUMAR ASTHANA & ORS LPA 145/2018 & CM APPL. 11457-11459/2018 Mrs.

Prema Priyadarshini, Senior Panel Counsel.

ARVIND RAJNISH VOHRA ..... Respondent LPA 146/2018 & CM APPL. 11460-11462/2018 Mrs. Prema Priyadarshini, Senior Panel Counsel.

Mr. Vikram Jetly, CGSC alongwith Ms. Shreya Jetly, Advocate.

PRADEEP ARORA & ORS LPA 147/2018 & CM APPL. 11463-11465/2018 Mrs. Prema Priyadarshini, Senior Panel Counsel.

Mr. Vikram Jetly, CGSC alongwith Ms. Shreya Jetly, Advocate.

JEET NABHA KHEMKA & ANR LPA 148/2018 & CM APPL. 11466-11468/2018 Mr. Vikram Jetly, CGSC alongwith Ms. Shreya Jetly, Advocate.

Ms. Shiva Lakshmi, CGSC.

LATIKA DATT ABBOTT & ORS Mr. Satvik Issar and Mr. Kustubh Prakash, Advs.

LPA 149/2018 & CM APPL. 11469-11471/2018 Mrs. Prema Priyadarshini, Senior Panel Counsel.

Mr. Vikram Jetly, CGSC alongwith Ms. Shreya Jetly, Advocate.

PRADEEP KUMAR GARG & ANR LPA 150/2018 & CM APPL. 11472-11474/2018 Ms. Shiva Lakshmi, CGSC.

SUKHDEEP BHOGAL & ANR LPA 151/2018 & CM APPL. 11475-11477/2018 UNION OF INDIA AND ORS Mr. Kirtiman Singh, CGSC and Ms.

Vidhi Jain, Advocate.

SANJEEV KUMAR ASTHANA AND ANR

LPA 152/2018 & CM APPL. 11478-11480/2018 Mrs. Prema Priyadarshini, Senior Panel Counsel.

Mr. Vikram Jetly, CGSC alongwith Ms. Shreya Jetly, Advocate.

RAJIV KUMAR & ANR Mr.

Siddharth Nath and Ms.

Khushboo, Advs. for R-1 & 2.

Mr.

S.P.

Singh, Chawla, Amicus LPA 153/2018 & CM APPL. 11481-11483/2018 UNION OF INDIA & ORS Mr. Kirtiman Singh, CGSC and Ms.

Vidhi Jain, Advocate.

MANOJ KUMAR RAY ..... Respondent LPA 154/2018 & CM APPL. 11484-11486/2018 Mr. Kirtiman Singh, CGSC and Ms.

Vidhi Jain, Advocate.

Ms. Shiva Lakshmi, CGSC.

JILE SINGH & ORS LPA 155/2018 & CM APPL. 11487-11489/2018 Mr. Kirtiman Singh, CGSC and Ms.

Vidhi Jain, Advocate.

Mr. Vikram Jetly, CGSC alongwith Ms. Shreya Jetly, Advocate.

SANJIV GUPTA & ANR LPA 156/2018 & CM APPL. 11490-11492/2018 THE UNION OF INDIA THROUGH THE SECRETARY & ANR Mr. Kirtiman Singh, CGSC and Ms.

Vidhi Jain, Advocate.

Ms. Shiva Lakshmi, CGSC.

RAMAN NANDA ..... Respondent LPA 157/2018 & CM APPL. 11493-11495/2018 UNION OF INDIA & ORS Mr. Kirtiman Singh, CGSC and Ms.

Vidhi Jain, Advocate.

RAJESH BHATEJA & ANR LPA 168/2018 & CM APPL. 12541-12542/2018 Mr. Ripu Daman Bhardwaj, CGSC and Mr. Kushagra Kumar, Advocate.

versus RAHUL AGGARWAL & ORS LPA 170/2018 & CM APPL. 12548-12549/2018 Mr. Ripu Daman Bhardwaj, CGSC and Mr. Kushagra Kumar, Advocate.

TILOKCHAND MANAKLAL KOTHARI & ORS..... Respondents

LPA 171/2018 & CM APPL. 12551-12552/2018 Mr. Ripu Daman Bhardwaj, CGSC and Mr. Kushagra Kumar, Advocate.

MAHAVIR PRASAD JAIN & ORS LPA 172/2018 & CM APPL. 12554-12555/2018 Mr. Ripu Daman Bhardwaj, CGSC and Mr. Kushagra Kumar, Advocate.

ROHAN GUPTA & ORS LPA 174/2018 & CM APPL. 12563-12564/2018 & CM APPL. 12572/2018 Mr. Ripu Daman Bhardwaj, CGSC and Mr. Kushagra Kumar, Advocate.

PARMOD KUMAR MISHRA & ORS LPA 175/2018 & CM APPL. 12566-12567/2018 Mr. Ripu Daman Bhardwaj, CGSC and Mr. Kushagra Kumar, Advocate.

PURNIMA GUPTA & ORS LPA 176/2018 & CM APPL. 12569-12570/2018 Mr. Ripu Daman Bhardwaj, CGSC and Mr. Kushagra Kumar, Advocate.

SHIVLAL GOYAL ..... Respondent LPA 184/2018 & CM APPL. 13681-13683/2018 Mr. Ripu Daman Bhardwaj, CGSC and Mr. Kushagra Kumar, Advocate.

RAJESH VARMA & ORS LPA 190/2018 & CM APPL. 13935-13937/2018 UNION OF INDIA & ORS Mr. Ripu Daman Bhardwaj, CGSC and Mr. Kushagra Kumar, Advocate.

AKSHAY TIWARI ..... Respondent LPA 192/2018 & CM APPL. 13953-13955/2018 Mr. Ripu Daman Bhardwaj, CGSC and Mr. Kushagra Kumar, Advocate.

SURAJ SINGH ..... Respondent LPA 193/2018 & CM APPL. 14079-14081/2018 UNION OF INDIA & ORS Mr. Ripu Daman Bhardwaj, CGSC

and Mr. Kushagra Kumar, Advocate.

ROHNI AGGARWAL & ANR.

.... Respondents LPA 194/2018 & CM APPL. 14085-14087/2018 Mr. Ripu Daman Bhardwaj, CGSC and Mr. Kushagra Kumar, Advocate.

PRADEEP GOEL & ANR Mr. Ankit Singal, Advocate Mr.

S.P.

Singh, Chawla, Amicus % Date of Decision: 17th January, 2023

CORAM:

HON'BLE MR. JUSTICE MANMOHAN HON'BLE MR. JUSTICE SAURABH BANERJEE

J U D G M E N T

MANMOHAN, J: (ORAL) 1.

Present appeals have been filed by the Union of India challenging the judgment and orders passed by the learned Single Judge, whereby the Court has ordered that removal of companies from the Register of Companies under Section 248 (1) of the Companies Act, 2013 would be deemed to be

voluntary dissolution under Section 248 (2) of the Companies Act, 2013 and that the respondents-companies would be entitled to a sympathetic consideration by the Registrar of Companies under the Condonation of Delay Scheme, 2018.

2.

Learned counsel for the appellants-Union of India state that the appellant-Union of India is not in a position to comply with the impugned directions of the learned Single Judge as the companies in question have been struck-off under Section 248(1) Companies Act, 2013 and necessary gazette notifications thereof have been issued. They state that the computer software does not permit the stuck-off companies to be transposed as voluntarily struck-off companies. According to them, the remedy for such struck-off companies is by filing revival applications before the National Company Law Tribunal (NCLT) under Section 252 of the Companies Act, 2013. They further submit that the struck-off companies would be eligible to apply for the Condonation of Delay Scheme, 2018, only if they had been revived by the NCLT. Consequently, the learned counsel for the appellants submit that learned Single Judge had erroneously directed that the companies which had already been struck-off can avail the benefit of Condonation of Delay Scheme, 2018.

3.

Learned counsel for the respondents-original writ petitioners and the learned Amicus Curiae state that the respondents-original writ petitioners had primarily challenged their disqualification as directors and for unfreezing their Director Identification Numbers (DIN) and Digital Signature Certificates. They state that in none of the writ petitions before the learned Single Judge, the writ petitioners had sought the relief of

voluntary dissolution of the companies and / or applicability of Condonation of Delay Scheme, 2018.

4.

Learned counsel for the Union of India, on instructions of Registrar of Companies, NCT of Delhi and Haryana, who is personally present in Court, state that as the period of disqualification of the Respondents- original writ petitioners has now expired by efflux of time, they have no objection if the present appeals are disposed of in accordance with the order dated 11th November, 2022 passed by this Court in a batch of writ petitions in which lead writ petition was W.P.(C) 62/2019.

5.

Learned counsel for the respondents-original writ petitioners state that they would be satisfied if the relief granted vide order dated 11th November, 2022 is granted to them.

6.

Since the present respondents-original writ petitioners are similarly placed to the writ petitioners in a batch of writ petitions (in which lead writ petition was W.P.(C) No.62/2019) which have already been disposed of by this Court, the present appeals are disposed of holding that as the period of disqualification of respondents-original writ petitioners/directors has expired by efflux of time i.e. on account of lapse of five years, the respondentsoriginal writ petitioners are eligible for appointment/re-appointment as directors. However, it is clarified that the writ petitioners, who carried on as directors due to subsistence of interim orders passed by this Court, shall not be visited with any civil or penal consequences. 7.

It is further clarified that none of the writ petitioners will be eligible for appointment/re-appointment as directors if they have incurred any other disqualification or were disqualified for any subsequent period on account of non-filing of returns.

8.

It is also clarified that the companies which had already been struck off under Section 248(1) of the Companies Act, 2013 shall not be revived by virtue of the impugned order.

However, the respondents-original writ petitioners shall be at liberty to file appropriate proceedings in accordance with law for seeking revival of the companies in question. 9.

The questions of law and fact raised by the appellants-Union of India are left open.

10.

The Demand Drafts (DD), if any, deposited by the petitioners in accordance with the interim orders passed by this Court shall be returned/refunded to the said petitioners. List the present batch of writ petitions before the Joint Registrar for the limited purpose of return/refund of DD, if any, on 30th January, 2023. With the aforesaid directions, the present batch of writ petitions along with pending applications stand disposed of.

MANMOHAN, J SAURABH BANERJEE, J JANUARY 17, 2023 rr/KA