Harish Mahajan And ANR. v. Union Of India And ANR.

$~89 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4505/2018 & CM No.17314/2018 HARISH MAHAJAN AND ANR.

..... Petitioners Through :

Mr.Kunal Sabharwal, Advocate.

versus UNION OF INDIA AND ORS.

..... Respondents Through :

Mr.Vikram Jetly, CGSC for UOI.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 27.04.2018 1.

This petition has been filed by two directors of M/s Treasure Tech Electronics Private Limited. The third director namely Sh.K.C.Mahajan has since expired in the year 2015 and an affidavit in this regard has been filed today in Court along with the copy of death certificate dated 21.01.2015. The said affidavit is taken on the record.

2.

In this matter, I am informed by the learned Standing Counsel for UOI 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.

3.

Learned counsel for the writ petitioners has agreed that the interim directions passed by this Court and those which have been passed by the Division Bench-I 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.

4.

Accordingly, the captioned writ petition is disposed of qua the two petitioners before this Court 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 a sum of 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.

5.

The writ petitioner(s) will abide by the Division Bench-I order dated 21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) No.9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors. 6.

Liberty, however, is given both to the petitioner(s) and the official

respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.

7.

Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.

8.

Pending application(s), if any, stands disposed of. 9.

Copy of the order be given dasti under the signature of the Court Master.

YOGESH KHANNA, J APRIL 27, 2018 M