W.P.(C)/4192/2018 of VIJAY ARORA AND ANR. Vs UNION OF INDIA AND ANR.

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 4192/2018

VIJAY ARORA AND ANR.

..... Petitioners

Through: Mr. Fanish Kumar Rai with Mr. Abinash Kumar & Mr. Sanjay Kumar Roy, Advs.

versus

UNION OF INDIA AND ANR. ..... Respondents

Through:

Ms. Bharathi Raju, CGSC for R- 1 & 2.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER O R R% 25.04.2018

CM Appl.No.16472/2018(exemption)

1. Exemption allowed, subject to all just exceptions.

2. Application stands disposed of.

W.P.(C) 4192/2018 & CM Appl.No.16471/2018

3. The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the respondent nos.1 & 2 to the extent that it includes the names of the petitioners.

4. The petitioners claim that they were appointed as Directors on the Board of company by the name: Apex Outsourcing Services Private Limited (hereinafter referred to as "Company"). The learned counsel for the petitioners states that the Company has not carried out any business for the past two years and that its bank account has not been operated. Furthermore, the petitioners state that they had not

filed the Company's financial statements and statutory returns as required under the extant provisions of law. The petitioners aver that it is on account of the aforementioned infraction of law that their names came to be included in the impugned list.

5. In this matter, I am informed by the learned counsel for the official respondent nos.1 & 2 that the issues raised in the captioned matter are similar to those issues which have been raised before Division Bench-I in various matters pending before it.

6. Counsel for writ petitioner(s) are agreed that the interim directions passed by this court and those which have been passed by the Division Bench can form the basis of the disposal of the present writ petition with right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.

7. Accordingly, the captioned writ petition is disposed of with the following directions:-

(i) The operation of list of disqualified directors in so far as the inclusion of the name(s) of the writ petitioner(s) is concerned, shall remain stayed.

(ii) The DIN and DSC of the writ petitioner(s) will stand activated.(iii) The writ petitioner(s) will have liberty to apply under the Condonation of Delay Scheme, 2018 (hereafter “Scheme”). Permission is granted to make the requisite filings in the form of hard copies.

(iv) The writ petitioner(s) will deposit, if not deposited already, sum of Rs.30,000/- qua each such company vis-a-vis whom steps for voluntary striking off are required to be taken. The said amount will

be deposited in the form of Fixed Deposit Receipt (FDR) with the Registry of this court on or before 15.05.2018. The FDR will be created in favour of the ROC.

(v) The amount deposited by way of FDR, as adverted to in clause (iv), will be in addition to other charges that would be payable under the Scheme. These sums will be deposited in the form of FDR as well. The writ petitioner(s) will also furnish their calculations in that behalf.

8. The writ petitioner(s) will abide by the Division Bench-I order dated 21.03.2018, passed in batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.

9. Liberty, however, is given both to the petitioner(s) and the official respondent nos.1 & 2 to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.

10. Needless to say, the disposal of the writ petition will not come in the way of the official respondent nos.1 & 2 presenting their point of view before the Division Bench.

11. Pending application(s), if any, shall stand closed.

12. Dasti under signatures of the Court master.

APRIL 25, 2018 ak

RAJIV SHAKDHER, J