Anup Agarwal v. Regional Provident Fund Commissioner & ORS

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7844/2015 & CM Nos. 15604/2015, 27810/2016, 27811/2016, 27812/2016, 27813/2016 & 27947/2016 ANUP AGARWAL ..... Petitioner Through: Mr. A. Hassan and Mr. D.K. Jha, Advs. versus REGIONAL PROVIDENT FUND COMMISSIONER & ORS ..... Respondents Through: Mr. Keshav Mohan, Adv. for respondents.

Mr. Kunal Sharma, Adv. for Official Liquidator (Bombay).

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 17.08.2016 Learned counsel for the petitioner submits that this writ petition was erroneously filed because pursuant to the Official Liquidator (OL) having been appointed apropos M/s Sonal Garments (India) Pvt. Ltd., only the OL could take any steps regarding any rights of the said company. Learned counsel for the respondents refers to the order of this court dated 11.07.2014 passed in WP(C) No. 3391/2014, which recorded as under: ".....The petitioner here is a company in respect of which a winding up is stated to have been passed and the Official Liquidator has been appointed. The petition is supported by persons who claim to be Ex-Directors of the company. Ex-facie this petition is not maintainable as the Ex-Directors have no authority to represent the company or institute any action on

behalf of the company.

The petition is accordingly dismissed..."

In view of the above, the writ petition is dismissed as withdrawn. NAJMI WAZIRI, J AUGUST 17, 2016/kk