Pr Director General Of Income Tax v. The Chairman & Md M/S Modern Terry Towels Ltd And ANR

$~16 & 17 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 4420/2017 PR DIRECTOR GENERAL OF INCOME TAX ..... Petitioner Through:

Mr.

Ajit Sharma, Sr.

Standing Counsel with Mr. Asheesh Jain, Mr.

Adnan Siddiqui and Mr. Mayank Aggarwal, Advocates versus THE CHAIRMAN & MD M/S MODERN TERRY TOWELS LTD AND ANR ..... Respondents Through:

Mr. Ved Jain, Advocate with Mr.

Pranjal Srivastava, Advocate for R-1 Mr. Satinder S. Gulati, Advocate with Mr. Kamaldeep Gulati, Advocate for R-2 + W.P.(C) 4451/2017 PR. DIRECTOR GENERAL OF INCOME TAX (ADMN. & TPS) ..... Petitioner Through:

Mr. Puneet Rai, Advocate versus M/S GUJARAT THEMIS BIOSYN LTD. & ANR ..... Respondents Through:

Mr. Shashank Singh, Advocate with Mr. Arjun Minocha and Mr. Sourav Vig, Advocates W.P.(C) 4420/2017 & W.P.(C) 4451/2017

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MS. JUSTICE DEEPA SHARMA

O R D E R

% 22.02.2018 In view of the decision of a Division Bench of this Court in Ashapura Minechem Limited v. Union of India and Others reported as 244 (2017) DLT 716, learned counsel appearing on behalf of the petitioners seek leave to withdraw these petitions with liberty to approach the National Company Law Appellate Tribunal, in accordance with law. Leave and liberty granted.

The petitioners are at liberty to approach the National Company Law Tribunal within a period of days from today.

If such an application/reference is made within 60 days, the same would not be dismissed on the ground that it has been preferred beyond the period of 180 days. We are granting this liberty as the writ petitions have remained pending in this Court and the Government of India had also taken time to clarify.

With the aforesaid observations and liberty, the writ petitions are disposed of.

There shall be no order as to costs.

SIDDHARTH MRIDUL, J DEEPA SHARMA, J FEBRUARY 22, 2018 dn W.P.(C) 4420/2017 & W.P.(C) 4451/2017