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High Court of DelhiW.P.(C)/9131/2017

Rahul Mehar v. Union Of India And ANR.

2017-12-20Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~61 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9131/2017 & CM 37370/2017 RAHUL MEHAR ..... Petitioner Through Ms Vibha Mahajan Seth, Advocate.

versus UNION OF INDIA AND ANR.

..... Respondents Through Mr Sanjay Jain, ASG with Ms Ripu Daman Bhardwaj, CGSC with Mr T.p. Singh.

Mr Dev P. B hardwaj, CGSC for UOI.

Mr Sanjay Shorey, Joint Direrctor Legal Ministry of Corporate Affairs and Sh Raesh K. Tiwari, ROC, NCT of Delhi & Haryana MCA for UOI.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 20.12.2017 1.

The petitioner has filed the present petition, inter alia, impugning the list of disqualified directors to the extent it includes the petitioner's name. 2.

It is the petitioner's case that his name has been included in the list of disqualified directors as being a director of AG International Logistics India Private Limited (the company). The petitioner claims that the petitioner had resigned from the said company. However, the petitioner's resignation had not been updated in the records of the Register of Companies (ROC) since the company had not passed any resolution to the said effect. 3.

This controversy was the subject matter of appeal in CO.A.(SB)

14/2016 captioned "Rahul Mehra v. AG International Logistics India (P.) Ltd. & Anr. In that appeal, this Court had held that the resignation of the petitioner (appellant in that case) would be effective from 01.08.2009. In view of the said decision, the impugned list to the extent it includes the petitioner's name is set aside.

4.

This order would not preclude the ROC from placing the name in the list of disqualified directors if there are any other reasons for doing so, however, the same would be communicated to the petitioner in advance. 5.

The petition and the pending application are disposed of with the aforesaid directions.

VIBHU BAKHRU, J DECEMBER 20, 2017 pkv