Raj Kumar Gupta & ORS v. Union Of India & ORS

$~80 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4270/2018 & CM APP Nos.16674-75/2018 RAJ KUMAR GUPTA & ORS ..... Petitioners Through :

Mr. Aditya Nayyar, Adv.

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

Mr. Bhagvan Swarup Shukla, CGSC with Mr. Kamaldeep, Adv.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 27.04.2018 W.P.(C) 4270/2018 & CM APP No.16674/2018 1.

Issue notice. Mr. Bhagvan Swarup Shukla, 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 petitioners seek 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 petitioners says that qua the subject companies i.e., Horizon Infomedia Private Limited, they seeks application of the directives contained in the aforementioned order, insofar as it concerns the petitioners. 3.1 To be noted, the captioned writ petition was heard on 26.04.2018,

wherein at request of the counsel for the petitioners, the matter was renotified for 27.4.2018.

3.2 It is in this background that petitioners have filed affidavit dated 27.04.2018 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 ones mentioned in paragraph 4 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 27, 2018 mk