Santosh Kumari v. The Regional Director Registrar Of Companies And ORS

$~15 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6869/2017 SANTOSH KUMARI ..... Petitioner Through:

Mr M.S. Jadhav, Advocate.

versus THE REGIONAL DIRECTOR REGISTRAR OF COMPANIES AND ORS ..... Respondents Through:

Ms Sandhya Kohli, Advocate.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 16.08.2017 1.

The matter is taken up today as 14.08.2017 was declared a holiday. 2.

The petitioner has filed the present petition, inter alia, praying for a direction to respondent no.1 (The Regional Director, Department of Company Affairs/Registrar of Companies) to cancel the registration of respondent no.2 company. The petitioner alleges that respondent no.2 has not provided the completion certificate and approval of drawings/ designs of the project known as Omaxe City, which is mandatory in terms of the Real Estate (Regulation and Development) Act, 2016. The petitioner further prays that appropriate direction be given for winding up of respondent nos. 2 and 3.

3.

It is at once clear that the present petition is misconceived. Any grievance in regard to the non-compliance of the provisions of the Real Estate (Regulation and Development) Act, 2016 has to be addressed to the

authority constituted under the said Act - Real Estate Regulatory Authority established under Sub-section 1 of Section 20 of the said Act. 4.

In the event the petitioner claims that it is just and equitable to direct winding up of respondent no.2 in terms of the Companies Act 2013, the petitioner has to establish the same before the National Company Law Tribunal.

5.

The petition is, accordingly, dismissed.

6.

It is clarified that this Court has not expressed any opinion as to the merits of the allegations made by the petitioner. VIBHU BAKHRU, J AUGUST 16, 2017 RK