Sava Biopharm Ltd. And ORS. v. Union Of India Through Regional Director And ANR.

Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12308 OF 2017 WITH WRIT PETITION NO. 358 OF 2018 WITH WRIT PETITION NO. 13359 OF 2017 Sava Biopharm Limited and ors.

.. Petitioners Vs.

Union of India and anr.

.. Respondents Mr.Swapnil Gupte I/b Argus Partners, for the Petitioners. Mr.Aaditya Thakkar a/w Mr.Khorzan Irani a/w Mr.Ashish Mehta, for Respondents.

CORAM : R.M.SAVANT & M.S.KARNIK, JJ.

DATE : 27st SEPTEMBER, 2018 P.C. :

.

The above Writ Petition has been filed principally for the relief of quashing and setting aside the list/order disqualifying the Petitioners No.2 to 4 which list has been annexed as Exhibit.

2.

The learned Counsel appearing for the Respondents 1/3

Mr.Thakkar draws our attention to E-mail received by Mr.Ashish Mehta Advocate on record from Mr.Popat Khade, Assistant Registrar of Companies, Pune. The said E-mail refers to the above Writ Petition No. 12308 of 2017 and it is stated in the said E-mail that the Director Identification Number (DIN) of the Directors i.e. Petitioners No.2 to 4 herein stands activated. The learned Counsel also tenders the extract from the website from the Ministry of Corporate Affairs in respect of enquiry status as regards DIN.

3.

Insofar as Petitioner No. 2 - Mr.Vinod Ramchandra Jadhav is concerned, the DIN status is shown as approved and it is also mentioned that DIN is activated from 01/05/2006. Insofar as Petitioner No.4 - Mr.Vishal Ramchandra Jadhav is concerned, the DIN status is shown as approved and it is also mentioned that DIN is activated from 23/02/2012. Insofar as Petitioner No. 3 - Shailesh Ramanlal Shah is concerned, the DIN status is shown as deactivated due to non-filing of DIR- 3KYC. Hence, on account of non filing of KYC details, the DIN of the 2/3

said Director - Shailesh Shah remains deactivated as otherwise in terms of Email from the Assistant Registrar of Companies, Pune, the DIN of all 3 Directors has been activated. It is therefore for the said Petitioner No.3 to take steps to comply with the requirement of the KYC upon which his DIN would also stand activated.

4.

In view of the aforesaid development, the challenge in the above Writ Petition does not survive, it is therefore not necessary to keep the above Writ Petition pending. Email dated 27/09/2018 as also the print out from the website of the Ministry of the Corporate Affairs paginated from 1 to 4 is taken on record and marked as 'X' for identification. 5.

The aforesaid order would apply in the facts of the present case i.e. Writ Petition No. 12308 of 2017 as stated hereinabove. The other 2 Petitions to stand de-tagged. (M.S.KARNIK, J.) (R.M.SAVANT, J.) 3/3