Shashikant Thakur & Ors vs Union Of India & Anr
2018 Latest Caselaw 802 Del

* IN THE HIGH COURT OF DELHI AT NEW DELHI
                          Judgment pronounced on: 2nd February, 2018
+         W.P.(C) 981/2018

          SHASHIKANT THAKUR & ORS                      ..... Petitioners
                             Through     Mr. Shambhu, Adv.

                             versus

          UNION OF INDIA & ANR                           ..... Respondents
                             Through     Mr. Ashim Sood, CGSC with
                                         Ms. Payal Chandra, Adv.
CORAM
HON'BLE MR. JUSTICE RAJIV SHAKDHER

RAJIV SHAKDHER, J. (ORAL)

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.




                                              RAJIV SHAKDHER, J

FEBRUARY 02, 2018
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