R. S. Agarwal v. Union Of India (Through Ministry Of Corporate Affairs ) And ANR

$~24 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9528/2017 & CM No. 38746/2017 R. S. AGARWAL ..... Petitioner Through:

Mr Hasan Murtaza, Advocate.

versus UNION OF INDIA (THROUGH MINISTRY OF CORPORATE AFFAIRS ) AND ANR ..... Respondents Through:

Mr Akshay Makhija, CGSC and Mr R. M. Tripathi and Ms Seerat Singh, Advocates for UOI.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 11.01.2018 1.

The petitioner is aggrieved by the impugned list of disqualified directors as published by the respondents to the extent it includes the petitioner's name.

2.

Learned counsel for the petitioner states that the petitioner was never a Director of the company - Orion Alloy and Strips Limited - and, therefore, including the petitioner's name as a disqualified Director on the ground of any default committed by the said company is unsustainable. He further states that some filing had been done indicating the petitioner to be a Director; however, the petitioner had made complaints regarding the same, which are pending before the ROC.

3.

In the peculiar facts of this case, this Court considers it apposite that

the present petition be considered as a representation by the Registrar of Companies (ROC). The ROC is directed to consider the same and pass a speaking order as expeditiously as possible.

4.

The impugned list to the extent it includes the petitioner's name is set aside. The same would be subject to any further order that may be passed by the ROC. The petitioner is at liberty to apply if aggrieved by the order passed by the ROC.

5.

This order is subject to the petitioner making the representation within a period of two weeks from today 6.

The petition along with application is disposed of with the aforesaid directions.

VIBHU BAKHRU, J JANUARY 11, 2018 MK