Mondelez Foods Private Limited v. The Regional Director (North), Ministry Of Corporate Affairs & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 5289/2014 & CM Nos. 10518/2014, 32203/2018 MONDELEZ FOODS PRIVATE LIMITED ..... Petitioner Through: Mr Darpan Wadhwa, Senior Advocate with MrAnkur Sangal, Ms Sucheta Roy, Advocates.

versus THE REGIONAL DIRECTOR (NORTH), MINISTRY OF CORPORATE AFFAIRS & ORS ..... Respondents Through: Mr Rajesh Gogna, CGSC with Mr Akhilesh Kumar, Advocate for R1 and R3.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 12.09.2018 1.

Mr Gogna, the learned counsel appearing for respondent nos. 1 and 3 states that a show cause notice has already been issued to respondent no.2 as well as its officers calling upon them to show-cause as to why penalty under Section 22(2) of the Companies Act, 1956 be not levied against them for the violation of the directions issued to them. 2.

It is to be noted that the said show cause notice was issued on 11.09.2018 and respondent no.2 has been called upon to show cause within a period of fifteen days. This Court is of the, prima facie, view that since respondent no.2 has not complied with the directions to change its name, further orders may also be necessary to either restrain them from carrying on

any business or transactions under the corporate name or to direct respondent nos. 1 and 3 to strike off the name of petitioner no.2 from the Register of Companies.

3.

Issue notice to respondent no.2, returnable on 01.10.2018. Notice shall go by speed post as well as one of the approved couriers. Dasti in addition. An affidavit of service be also filed on the next date of hearing. 4.

Order dasti under the signature of Court Master. VIBHU BAKHRU, J SEPTEMBER 12, 2018 pkv