High CourtsSingle Bench(2018) 02 DEL CK 0133

Shashikant Thakur & Ors vs Union Of India & Anr

Delhi High Court · Decided on 2 February 2018

HON’BLE JUDGES
Rajiv Shakdher, J
CASE NUMBER
Civil Writ Petition No. 981 Of 2018

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Judgment

23 paragraphs · 356 words

Rajiv Shakdher, J

1) Issue notice.

2) Mr. Ashim Sood accepts notice on behalf of respondents.

3) Learned counsel says that he does not wish to file a reply in view of the fact that for the moment the issue raised in the writ petition is covered by

the judgment dated 21.12.2017, passed in W.P.(C) No.11307/2017, titled Raman Nanda vs. Union of India and Ors.

4) Briefly, the grievance of the petitioner is that they have been disqualified by the respondents on account of the fact that final statements and returns

in respect of two companies, namely, Dew Speciality Chemicals Pvt. Ltd. and Dew Envirotech Pvt. Ltd. have not been filed.

5) To be noted, petitioner no.1 and 2 are directors in both the companies, i.e., Dew Speciality Chemicals Pvt. Ltd. and Dew Envirotech Pvt. Ltd.,

while petitioner no.3 and 4 are directors only in the latter company.

6) Learned counsel for the petitioners also concedes that on account of the said infraction of law, the names of the aforementioned companies have

been struck off from the Registrar of Companies.

7) Learned counsel for the petitioners, however, says that the petitioners wish to avail of the benefit of Condonation of Delay Scheme, 2018 (Scheme)

and also the directives issued in the aforementioned judgment of this Court.

8) Having regard to the averments made in the petition and the directives issued by another Single Judge of this Court in Raman Nanda vs. Union of

India and Ors., this writ petition is allowed in terms of the directions contained therein. It is made clear that the directions contained therein will apply

mutatis mutandis in the petitioners case as well.

9) Furthermore, the petitioners undertake that they will take steps for voluntary liquidation of aforementioned companies and that they would apply

under the extant Scheme within two weeks from today.

10) Having regard to the aforesaid, the impugned list of disqualified directors insofar as the petitioners are concerned shall remain stayed till 31.3.2018

or till the respondents seek a final decision in the matter which is later.

11) Dasti.

CM Nos.4153-55/2018

12) Consequently, the captioned applications shall stand closed.