Ram Bihari Kaushik v. Union Of India & ANR

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4436/2018, CM No.17178-17179/2018 RAM BIHARI KAUSHIK ..... Petitioner Through : Mr.R.K.Saini with Ms.MInal Sehgal, Adv.

versus UNION OF INDIA & ANR ..... Respondents Through : Mr.Vinod Diwakar, CGSC with Mr.Sanjay Pal, Adv. for Mr.Harshit Vashisht, Advocate proxy counsel., 2

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 27.04.2018 The petitioner is the Director of Dadhikar Fort and Resorts Private Limited and the petitioner was one of the shareholder as well as the promoter-directors of the said Company and the DIN No. of the petitioner is 00325898 and began date is 23.6.2017.

It is submitted by the learned counsel for the petitioner that din number is invalidated because of the default made by some other company vis Dadhikar Hotels Private Limited in which the petitioner was a Director at that time. It is submitted that the said company did not file the financial returns and as such the name of the company was struck off by the ROC and also the name of the petitioners were put in the list of disqualified directors. 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 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.

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. Liberty, however, is given 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.

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.

Pending application(s), if any, stands disposed of. Copy of the order be given dasti under the signature of the Court Master.

YOGESH KHANNA, J APRIL 27, 2018 Bisht/VLD