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High Court of DelhiW.P.(C)/9609/2017

Mr. Parveen Kumar And ANR. v. Union Of India And ORS.

2018-01-11Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~25 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9609/2017 & CM No.39128/2017 MR. PARVEEN KUMAR AND ANR.

..... Petitioners Through:

Mr Sameer Chaudhary and Mr Dhruv Gupta, Advocates.

versus UNION OF INDIA AND ORS.

..... Respondents Through:

Mr Vikran Jetly, CGSC for R-1 to R4.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 11.01.2018 1.

The petitioners have filed the present petition impugning the list of disqualified Directors as published by the respondents to the extent it includes their names.

2.

The petitioner states that they are Directors in several companies including B. R. Ferro Steels Private Limited. The petitioners also own and control 66% of the shareholding of the said company. 3.

Mr Chaudhary, the learned counsel appearing for the petitioners contends that the petitioners are desirous of voluntarily dissolving the said company and would have taken necessary steps; but have been unable to do so on account of disputes between shareholders.

He states that approximately 33% of the shares of the said company are held /controlled by one Mr Navneet Garg. The petitioners and Mr Navneet Garg have several disputes regarding other companies (Radiant Cement Pvt. Ltd. and Xilon

Trading Private Limited) in relation to which proceedings are pending before the National Company Law Tribunal.

4.

In the peculiar facts of this case, this Court considers it apposite to grant liberty to the petitioners to file a representation before the Registrar of Companies expressing their predicament and explaining the reasons for their inability to have made the necessary filings. The ROC is directed to consider the same and pass a speaking order.

5.

As a interim measure, the impugned list to the extent it includes the petitioners name is set aside. The same would be subject to further orders that may be passed by the ROC.

6.

This order would cease to operate if the petitioner fails to make a representation as indicated above within a period of two weeks from today. 7.

The petition and the pending application are disposed of. VIBHU BAKHRU, J JANUARY 11, 2018 MK