← Library
Bombay High CourtWP/1394/2018disposed off

Madhur Ranganath Somani And ANR. v. The Union Of India And ANR.

2018-04-26Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice Shantanu S. Kemkar6 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL/ APPELLATE JURISDICTION WRIT PETITION (L) NO.1352 OF 2018 (O.S.) Rajesh S. Mhatre Registrar of Companies and Another WRIT PETITION NO.5244 OF 2018 (A.S.) WRIT PETITION NO.5245 OF 2018 (A.S.) WRIT PETITION NO.5246 OF 2018 (A.S.) WRIT PETITION NO.5247 OF 2018 (A.S.) WRIT PETITION NO.5248 OF 2018 (A.S.) WRIT PETITION NO.5249 OF 2018 (A.S.) Manish Srinivas Hebbar and Another WRIT PETITION (L) NO.1353 OF 2018 (O.S.) Dinesh P. Somani and Another Registrar of Companies, Mumbai and Another WRIT PETITION (L) NO.1366 OF 2018 (O.S.) Keshav Bansal and Another 1/6

WRIT PETITION (L) NO.1376 OF 2018 (O.S.) WRIT PETITION (L) NO.1378 OF 2018 (O.S.) Anant Kamlakant Phatarpekar and Anr.

Registrar of Companies, Mumbai and Anr.

WRIT PETITION (L) NO.1386 OF 2018 (O.S.) Rajesh S. Makad Union of India and Anr.

WRIT PETITION (L) NO.1398 OF 2018 (O.S.) Kersi Behram Aga and Anr.

Union of India and Anr.

WRIT PETITION (L) NO.1402 OF 2018 (O.S.) Murarilal Goenka and Others WRIT PETITION (L) NO.1405 OF 2018 (O.S.) Behram Sam Aga and Others 2/6

WRIT PETITION (L) NO.1410 OF 2018 (O.S.) Paras Tarachand Jain and Another WRIT PETITION (L) NO.1412 OF 2018 (O.S.) Somesh Omprakash Agarwal The Registrar of Companies and Another WRIT PETITION (L) NO.1417 OF 2018 (O.S.) Jagruti Jayraj Pandit and Anr.

Union of India and Anr.

WRIT PETITION (L) NO.1420 OF 2018 (O.S.) Santosh Pandurang Naik and Anr.

Registrar of Companies and Anr.

WRIT PETITION (L) NO.1423 OF 2018 (O.S.) Allen Stephen John Chettiar Registrar of Companies and Anr.

3/6

WRIT PETITION (L) NO.1437 OF 2018 (O.S.) Madhur Ranganath Somani and Anr.

The Union of India and Anr.

WRIT PETITION (L) NO.1444 OF 2018 (O.S.) Ramesh Banshal and Others WRIT PETITION (L) NO.1446 OF 2018 (O.S.) Sima Sarkar and Anr.

The Registrar of Companies and Anr.

WRIT PETITION (L) NO.1449 OF 2018 Prataap Shivkumar Wadhwa and Anr.

The Registrar of Companies and Anr.

Mr. Vikram Sathye a/w. Mr. Sayeel Mulani i/b. Mulani & Co., for the Petitioners in WPL No. 1398 of 2018 and WPL No. 1405 of 2018. Mr. Pankaj Kode a/w. Mr. Himanshu Kode, for the Petitioners in WPL No. 1420 of 2018 and WPL No. 1446 of 2018. Mr. Abhishek Bharti i/b. Mr. Ameya Malkar, for the Petitioner in WPL No. 1449 of 2018.

Mr. Atharva Dandekar a/w. Ms. Deshmukh, for the Petitioner in WPL No.1386 of 2018.

Mr. Harsh Kisharia i/b. Shah & Furia Associates, for the Petitioner in WP. No. 1402 of 2018.

Ms. Prachi Pandya i/b. Corporate Attorneys for the Petitioners in WPL Nos. 1352, 1353, 1376 and 1378 of 2018.

Mr. Kirit Hakani, for the Petitioner in WPL No. 1412 of 2018. 4/6

Mr. Prashant Malik a/w. Mr. Amarendra Sinha, for the Petitioner in WPL No. 1366 of 2018.

Mr. Akshay Petkar, for the Petitioner in WPL No. 1444 of 2018 and 5144 of 2018.

Mr. Rahul Kedare a/w. Ms. Shalaka Waghmare and Ms. Pooja Arekar i/b. Mr. A. Doshi, for the Petitioner in WPL No. 1410 of 2018 and 1417 of 2018.

Mr. Rahul Oak, for the Petitioner in WPL NO.1423 of 2018. Mr. Shantanu Chandratre, for Petitioner in WPL No. 1437 of 2018. Mr. Ashish Mehta a/w. Ms. Surabhi Soni, for the Respondent Nos. 1 and 2.

CORAM : SHANTANU KEMKAR & MAKARAND KARNIK, JJ.

DATE :

APRIL 26, 2018 P.C.:

.

Parties through their counsel.

2.

The learned counsel for the parties submit that the question involved in these Petitions has already been considered and decided by various orders passed by this Court including the order passed in Writ Petition No. 148 of 2018 (Shailendrajit Charanjit Rai and Anr. vs. The Registrar of Companies and Anr.) as also in the Writ Petition No. 3833 of 2018 (Somansundaran Peedikaparambil vs. Union of India). The said orders were passed by two Division Benches of this Court considering the various other orders passed by the High Court at Delhi.

5/6

3.

In the circumstances, for the reasons stated in Writ Petition Nos. 148 of 2018 and 3833 of 2018, the Petitions are disposed of with further modifications to the extent that the time fixed in paragraph No. 12 shall be ten days from today in place of seven days as also in paragraph No. 14, the time shall be ten days in place of period of seven days from today.

4.

We make it clear that the date of COD Scheme has already been extended up to 30th April, 2018. The said date shall apply in these matters also.

5.

The Petitions are disposed of as such.

6.

Parties to act on the authenticated copy of this order. (MAKARAND KARNIK, J.) (SHANTANU KEMKAR, J.) 6/6