M/S Creanovation Labs Pvt Ltd v. Union Of India & ORS

$~102 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 11583/2018 M/S CREANOVATION LABS PVT LTD ..... Petitioner Through:

Ms Abiha Abbas Rizvi, Advocate.

versus UNION OF INDIA & ORS ..... Respondents Through:

Mr Dev P. Bhardwaj, Advocate for UOI/R-1 & 2.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 26.10.2018 CM APPL. 44817/2018 1.

Exemption is allowed, subject to all just exceptions. 2.

The application stands disposed of.

W.P.(C) 11583/2018 and CM APPL. 44816/2018 3.

The petitioner has filed the present petition, inter alia, praying that directions be issued to respondent no.2 (Department of Industrial Policy and Promotion) to revoke the recognition awarded to respondent no.3 company as a start up.

4.

According to the petitioner, respondent no.3 company does not comply with the conditions of the relevant policy and, therefore, cannot be considered as a "start up". It is asserted that respondent no.3 company was formed by acquiring an existing business from another company - M/s Pathfinder Publishing Pvt. Ltd - and, therefore, does not qualify as a start

up.

It is also asserted that respondent no.3 company is a subsidiary of another company, which also disqualifies respondent no.3 company from being considered as such.

5.

It is seen that the petitioner had sent a legal notice dated 15.10.2018 to respondent no.2 articulating the said complaint. The petitioner had also sent a letter prior to the said notice.

6.

The present petition is disposed of by directing respondents to consider the said complaint and take an appropriate decision in accordance with law.

7.

The pending application also stands disposed of. VIBHU BAKHRU, J OCTOBER 26, 2018 RK