Anita Sharma & ANR v. Union Of India & ANR
$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3882/2018, CM Appl.No.15313/2018 ANITA SHARMA & ANR ..... Petitioners Through:
Mr. P.K.Mittal, Adv.
versus UNION OF INDIA & ANR ..... Respondents Through:
Mr. Ravi Prakash, CGSC with Mr.Farman, Adv.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
O R D E R
% 25.04.2018 W.P.(C) 3882/2018 & CM No. 15313/2018 1.
Learned counsel for the petitioners states that pursuant to the last order dated 20.04.2018 an affidavit was filed by petitioner no.1 on 24.4.2018 vide Diary No.117140.
2.
A perusal of the affidavit would show that it is averred by the petitioner no.1 that the subject company K.A. Traders Private Limited hereinafter referred to as "Company") has not carried out any business operations for the last five years. It is further averred that the petitioners have no intention of reviving the subject company. 3.
In this matter, I am informed by the learned counsel for the official respondents that the issues raised in the captioned matter are similar to those issues which have been raised before Division Bench-I in various matters pending before it.
W.P.(C) 3882/2018 Page 1 of 3
4.
Counsel for writ petitioner(s) are agreed that the interim directions passed by this court and those which have been passed by the Division Bench can form the basis of the disposal of the present writ petition with a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
5.
Accordingly, the captioned writ petition is disposed of with the following directions:- (i) The operation of list of disqualified directors in so far as the inclusion of the name(s) of the writ petitioner(s) is concerned, shall remain stayed. (ii) The DIN and DSC of the writ petitioner(s) will stand activated. (iii) The writ petitioner(s) will have liberty to apply under the Condonation of Delay Scheme, 2018 (hereafter "Scheme"). Permission is granted to make the requisite filings in the form of hard copies. (iv) The writ petitioner(s) will deposit, if not deposited already, a sum of Rs.30,000/- qua each such company vis-a-vis whom steps for voluntary striking off are required to be taken. The said amount will be deposited in the form of Fixed Deposit Receipt (FDR) with the Registry of this court on or before 15.05.2018.
The FDR will be created in favour of the ROC. (v) The amount deposited by way of FDR, as adverted to in clause (iv), will be in addition to other charges that would be payable under the Scheme. These sums will be deposited in the form of FDR as well. The writ petitioner(s) will also furnish their calculations in that behalf. 6.
The writ petitioner(s) will abide by the Division Bench-I order dated W.P.(C) 3882/2018 Page 2 of 3
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors. 7.
Liberty, however, is given both to the petitioner(s) and the official respondent nos.1 & 2 to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment. 8.
Needless to say, the disposal of the writ petition will not come in the way of the official respondent nos.1 & 2 presenting their point of view before the Division Bench.
9.
It is made clear that if there is any other company apart from the one mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance. 10.
Pending application(s), if any, shall stand closed. 12.
The Registry is directed to scan and upload the copy of the affidavit furnished by the counsel for the petitioners in Court today. 13.
Dasti under signatures of the Court master.
RAJIV SHAKDHER, J APRIL 25, 2018 ak W.P.(C) 4190/2018 Page 3 of 3