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High Court of DelhiW.P.(C)/3919/2018

Karan Sharma v. Union Of India And ORS.

2018-04-26Hon'Ble Mr. Justice Rajiv Shakdher2 pages

$~102 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3919/2018 & CM APP No.15512/2018 KARAN SHARMA ..... Petitioner Through :

Ms. Amrita Mishra, Adv.

versus UNION OF INDIA AND ORS.

..... Respondents Through :

Ms. Shiva Lakshmi, CGSC with Mr. Ruchir Ranjan Rai and Mr. Siddharth Singh, Advs.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 26.04.2018 1.

Issue notice. Ms. Shiva Lakshmi, accepts notice on behalf of official respondents.

2.

Counsels are agreed that the issue raised in the present writ petition is covered by the order dated 20.04.2018 passed in various writ petitions including W.P.(C) No.3887/2018, titled: Prabuddha Choudhury. Vs Registrar of Companies and Anr. In sum, the petitioner seeks to revive the subject company by filing an appeal, if not already filed, before the NCLT under Section 252 of the Companies Act, 2013. 3.

Counsel for the petitioner says that qua the subject company i.e., Bright Foods and Chemicals Private Limited (hereinafter referred to as "Company"), he seeks application of the directives contained in the aforementioned order, insofar as it concerns the petitioner.

3.1 To be noted, the captioned writ petition was heard on 20.04.2018, wherein the counsel for the petitioners sought time to obtain instructions in the matter as to the compliances made to revive the Company, further which the matter was listed on 25.4.2018. On 25.4.2018, at request of the counsel for the petitioner, the matter was renotified for 26.4.2018.

3.2 It is in the background that petitioners have filed affidavits dated 25.04.2018 4.

Accordingly, the writ petition is disposed of with the direction to the official respondents to apply the directives contained in Prabuddha Choudhury (Supra).

5.

It is made clear that the directions contained in aforementioned order will apply mutatis mutandis to the petitioner(s) herein. 6.

It is made clear that if there is any other company apart from the one mentioned in paragraph 3 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. 7.

Pending application(s), if any, shall stand closed. 8.

Dasti under signatures of the Court master.

RAJIV SHAKDHER, J APRIL 26, 2018 mk