State Of West Bengal v. Union Of India & ORS

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11395/2017 & CM 46512/2017 STATE OF WEST BENGAL ..... Petitioner Through : Mr. Soumitra G. Chaudhuri, Adv.

versus UNION OF INDIA & ORS ..... Respondents Through : Ms. Shiva Lakshmi, CGSC along with Mr. Sanjay Shorey, Joint Director (Legal), Min. of Corporate Affairs for UOI.

Mr. Vivek Jain, Adv. with Mr. Chandan Rai Chawla, Adv. for R-3.

Ms. Suvira Lal, Adv. for R-6.

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 06.02.2018 Counsel for the petitioner states that in view of the clarification issued by the Government of India that the petitioner can file a reference/application before the National Company Law Tribunal, he would withdraw the present writ petition and approach the said Tribunal. He, however, submits that period of 90 days may be granted for filing reference/application as permission and approvals are required.

We accept the statement made by learned counsel for the petitioner and the writ petition is dismissed as withdrawn. We also

grant liberty to the petitioner to approach the National Company Law Tribunal by way of an application/reference within a period of 90 days from today. In case such a reference/application is made within the aforesaid period, the same would not be dismissed on the ground of limitation or having been made after a period of 180 days. We are granting the said concession in view of the fact that there was confusion and debate regarding the remedy available to the petitioner and even the Government of India had taken time to clarify. SANJIV KHANNA, J CHANDER SHEKHAR, J FEBRUARY 06, 2018 SRwt