High Court of DelhiW.P.(C)/4537/2018

Andrew Gurung & ANR v. Registrar Of Companies & ANR

2018-05-01Hon'Ble Mr. Justice Rajiv Shakdher7 pages

$~52 W.P.(C) 4537/2018 ANDREW GURUNG & ANR ..... Petitioners Mr. Uday Seth, Adv.

REGISTRAR OF COMPANIES & ANR Mr. Roshan Lal Goel & Ms. Anju Gupta, Advs. for R-1 &2.

01.05.2018 CM APP No.17530/2018(exemption) Allowed, subject to all just exceptions.

W.P.(C) 4537/2018 & CM Appl.No.17529/2018 The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.

In this matter, I am informed by Mr. Roshan Lal 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. The petitioners claim that they were appointed as Directors on the Board of company by the name: Gurung Security and Allied Services Private Limited (hereinafter referred to as "Company"). The petitioners state that the Company had not carried out any business for more than three years. Furthermore, the petitioners state that they had not filed the Company's financial statements and statutory returns as required under the extant provisions of law. The petitioners aver that it is

on account of the aforementioned infraction of law that their names came to be included in the impugned list.

Counsel for writ petitioner(s) is 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.

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 in consonance with Division Bench-I order dated 27.04.2018, passed in W.P. (C) 4481/2018, titled: Rajesh Choudhary v. Union Of India and Anr.

(iv) The writ petitioner 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.

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.

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) 9439/2017, titled: Atul Khosla & Anr. v. Union f India and Ors. 9.

Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.

10.

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.

11.

Pending application(s), if any, shall stand closed. 12.

It is made clear that if there is any other company apart from the subject company 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. 13.

Dasti under signatures of the Court master.

MAY 01, 2018/ak

$~74 W.P.(C) 2809/2018 HIMMAT SINGH ..... Petitioner Ms. Puja Dewan Seth, Adv.

UNION OF INDIA & ORS Mr. Vikas Mahajan, CGSC.

27.04.2018 CM Appl No.17058/2018 Issue notice.

Mr. Vikas Mahajan, learned counsel accepts notice on behalf of the respondents.

Learned counsel for the petitioner states that the writ petitions numbers are wrongly given. Correct numbers of the writ petitions are as follows:

(i) WP(C) No.2592/2018 (ii) WP(C) No.2809/2018 The said statement is taken on record.

Learned counsel states that he does not oppose the prayer made in the application. The prayers made in the application reads as follows:- a. the condone the delay of 18 days', in compliance of the order

dated 22.03.2018 passed in writ petition no. WP(C) No.2592/2018 same as writ petition no. WP(C) No. 2592/2018. b. to treat the compliance carried out in writ petition no. WP(C)No. 2592/2018 same as writ petition no. WP(C) No.2592/2018 since both Petitioners in both the writ petitions are directors of same company i.e. Indopods Design Private Limited".

For the reasons given therein, the prayers are allowed. The petitioner will comply with the directions given in the order dated 22nd March, 2018 latest by 15th May, 2018.

The application is disposed of accordingly.

APRIL 27, 2018/ak

$~73 W.P.(C) 2623/2018 SHIV MOHAN SHARMA AND ORS.

..... Petitioners Mr. Deepak Dewan & Ms. Puja Dewan Seth, Advs.

UNION OF INDIA & ORS Ms. Shiva Lakshmi, CGSC with Mr. Ruchir R. Rai & Mr. Siddharth Singh, Advs.

27.04.2018 CM Appl No.17056/2018 Issue notice.

Ms. Shiva Lakshmi, learned CGSC, accepts notice on behalf of the respondents. Learned counsel states that she does not oppose the prayer made in the application. The prayer made in the application reads as follows:- a. the condone the delay of 18 days' in compliance of the order dated 22.03.2018;

For the reasons given therein, the prayer is allowed. The petitioner will comply with the directions given in the order dated 22nd March, 2018, latest by, 15th May, 2018.

The application is disposed of accordingly.

APRIL 27, 2018/ak

$~72 W.P.(C) 2579/2018 RAJIV TOMAR & ANR ..... Petitioners Mr. Deepak Dewan & Ms. Puja Dewan Seth, Advs.

UNION OF INDIA & ORS Mr. Jasmeet Singh, Adv.

27.04.2018 CM Appl No.17031/2018 Issue notice.

Mr. Jasmeet Singh, learned counsel accepts notice on behalf of the respondents. Learned counsel states that he does not oppose the prayer made in the application. The prayer made in the application reads as follows:- a. the condone the delay of 18 days' in compliance of the order dated 22.03.2018;

For the reasons given therein, the prayer is allowed. The petitioner will comply with the directions given in the order dated 22nd March, 2018, latest by, 15th May, 2018.

The application is disposed of accordingly.

APRIL 27, 2018/ak