- Court
- High Court of Delhi
- Decided
- 1 May 2018
- Bench
- Rajiv Shakdher
- Case no.
- W.P.(C) 4571/2018
Judgment
* + W.P.(C) 4571/2018
MOHAK CHNAD GUPTA AND ORS.
..... Petitioner Through: Mr. Saurabh Kalia with Mr. Siddharth Nagpal, Advs.
UNION OF INDIA AND ANR.
..... Respondent Through: Mr. Ripu Daman Bhardwaj, CGSC with Mr. Brajesh Kumar, Adv.
%
01.05.2018 CM APP No.17716/2018
¶1Allowed, subject to all just exceptions. W.P.(C) 4571/2018 & CM APP No.17715/2018
¶2The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶3In this matter, I am informed by the learned counsel for the official respondents 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.
¶4The petitioners claim that they were appointed as Directors on the Board of company by the name: MNG Human Development Center Private Limited (hereinafter referred to as "Company"). Furthermore, the petitioners states that he had not filed the Company's financial statements and statutory returns as required under the extant provisions of law. The petitioners aver that on account of the aforementioned infraction of law that their names came to be included in the impugned list.
¶5Counsel for writ petitioner(s) is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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 in consonance with Division Bench-I order dated 27.04.2018, passed in W.P. (C) 4481/2018, titled: Rajesh Choudhary v. Union Of India and Anr.
(iv) The writ petitioner will deposit, if not deposited already, a 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.
¶7Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶8The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union f India and Ors.
¶9Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶10Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶11Pending application(s), if any, shall stand closed.
¶12It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶13Dasti under signatures of the Court master.
MAY 01, 2018/pmc * + W.P.(C) 4578/2018
DEEP CHOPRA AND ANR.
..... Petitioners
Through: Mr. Ruchir Bhatia, Adv.
UNION OF INDIA AND ANR.
..... Respondent Through: Mr. Akshay Makhija, CGSC with Mr. Aditya Goyal, Adv. for UOI.
%
01.05.2018 CM Appl. No.17730/2018
¶1Allowed, subject to all just exceptions. W.P.(C) No.4578/2018 & CM. Appl. No.17729/2018
¶2The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶3In this matter, I am informed by the learned counsel for the official respondents 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.
¶4The petitioners claim that they were appointed as Directors on the Board of company by the name: Tranztrade Logistics Private Limited (hereinafter referred to as "Company"). The petitioners state that the Company had not done any business for more than two years. 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 on account of the aforementioned infraction of law that their names came to be included in the impugned list.
¶5To be noted, the petitioners have obtained the consent of the other persons who are not petitioners before this court but are Directors on the Board of the subject company.
5.1 It is in this background that the petitioners have filed affidavits dated
26.04.2018.
¶6Counsel for writ petitioner(s) is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶7Accordingly, 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 in consonance with the operative directions contained in Division Bench-I order dated 27.04.2018, passed in W.P.
(C) 4481/2018, titled: Rajesh Choudhary v. Union Of India and Anr.
(iv) The writ petitioner will deposit, if not deposited already, a 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.
¶8The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union f India and Ors.
¶9Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶10Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶11Pending application(s), if any, shall stand closed.
¶12It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶13Dasti under signatures of the Court master.
MAY 01, 2018/pmc * + W.P.(C) 4577/2018
PRADIP KUMAR CHAKRAVARTY & ORS ..... Petitioner
Through: Mr. Ashish Singh, Adv.
UNION OF INDIA & ORS
..... Respondent Through: Ms. Anju Gupta with Mr. Mohit Bhardwaj and Mr. R.L. Goel, Advs. for R-1 & 2.
%
01.05.2018 CM Appl. No.17728/2018
¶1Allowed, subject to all just exceptions. W.P.(C) No.4577/2018 & CM. Appl. No.17727/2018
¶2Issue notice. Mr. Ripu Daman Bhardwaj, CGSC accepts notice on behalf of the official respondents.
¶3Learned counsel for the petitioners, says that he wishes to approach the NCLT for reviving company by the name: Mercury Cranes & Hoists Limited (hereinafter referred to as "Company").
¶4To be noted, the Company was struck off from the Register of Companies by the ROC upon its failure to file the requisite financial statements and returns. The petitioners, I am told, were appointed as Directors on the Board of the Company.
¶5In view of the fact that the petitioners wish to approach the NCLT to revive the Company in consonance with the provisions of Section 252 of the Companies Act, 2013, the learned counsel for the official respondents submits that the ROC will not oppose the revival provided the appeal is filed before 07.05.2018.
¶6Having regard to the aforesaid, the writ petition is disposed of giving liberty to the petitioners to approach the NCLT by way of an appeal. Since the captioned Writ petition was filed on the day the Condonation of Delay Scheme, 2018 ("Scheme") was to expire, leave is granted to the Petitioner(s) to institute the appeal with NCLT on or before 07.05.2018. Pending the decision in the appeal, there would be a stay on the operation of the list of disqualified directors insofar as it concerns the petitioners herein. Furthermore, the respondents will also activate the DIN and DSC of the petitioners.
¶7Needless to say if the petitioners fail to file an appeal within the timeline given above, or fails in persuading the NCLT to revive the Company, the stay on the operation of the list of disqualified directors, insofar as it concerns the petitioners, would stand dissolved automatically with necessary consequences. This direction would also apply if the petitioners fails to take requisite steps under the Condonation of Delay Scheme, 2018 ("Scheme") after it is ordered to be revived by NCLT.
¶8Dasti under signatures of the Court master.
MAY 01, 2018/pmc * + W.P.(C) 4576/2018
LAKHWINDER SINGH AND ORS.
..... Petitioner
Through: Mr. Gursat Singh, Adv.
UNION OF INDIA AND ORS.
..... Respondent
Through: Mr. Bhagwan Swarup Shukla, CGSC.
%
01.05.2018 CM Appl. No.17726/2018
¶1Allowed, subject to all just exceptions. W.P.(C) No.4576/2018 & CM. Appl. No.17725/2018
¶2The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶3In this matter, I am informed by the learned counsel for the official respondents 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.
¶4The petitioners claim that they were appointed as Directors on the Board of company by the name: Oncology Healthcare Services Private Limited (hereinafter referred to as "Company"). The petitioners state that the company failed to generate any business since 2013. 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 on account of the aforementioned infraction of law that their names came to be included in the impugned list.
¶5Counsel for writ petitioner(s) is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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 in consonance with Division Bench-I order dated 27.04.2018, passed in W.P. (C) 4481/2018, titled: Rajesh Choudhary v. Union Of India and Anr.
(iv) The writ petitioner will deposit, if not deposited already, a 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.
¶7Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶8The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union f India and Ors.
¶9Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶10Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶11Pending application(s), if any, shall stand closed.
¶12It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶13Dasti under signatures of the Court master.
MAY 01, 2018/pmc * + W.P.(C) 4593/2018
GANAPATHI ARUMUGAM AND ANR. ..... Petitioner Through: Ms. Arunima Dwivedi with Ms. Preeti Kumra and Mr. Raj Rishi, Advs.
UNION OF INDIA AND ANR.
..... Respondent
Through: Mr. B.S. Shukla, CGSC for UOI.
%
01.05.2018 CM Appl. No.17754/2018
¶1Allowed, subject to all just exceptions. W.P.(C) No.4593/2018 & CM. Appl. No.17753/2018
¶2The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶3In this matter, I am informed by Mr. B.S. Shukla, CGSC 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.
¶4The petitioners claim that they were appointed as Directors on the Board of company by the name: Integrated Bio Technologies India Private Limited (hereinafter referred to as "Company"). To be noted, counsel for the petitioners submits that petitioner no.1 was appointed as a Director on the Board of another company by the name: Maway Gold and Green Fuels Limited which was struck off by the ROC, and that a writ petition has been filed before this Court in that behalf as well. 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.
¶5Counsel for writ petitioner(s) is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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 in consonance with Division Bench-I order dated 27.04.2018, passed in W.P. (C) 4481/2018, titled: Rajesh Choudhary v. Union Of India and Anr.
(iv) The writ petitioner will deposit, if not deposited already, a 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.
¶7Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶8The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union f India and Ors.
¶9Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶10Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶11Pending application(s), if any, shall stand closed.
¶12It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶13Dasti under signatures of the Court master.
MAY 01, 2018/pmc * + W.P.(C) 4592/2018
GANAPATHI ARUMUGAM AND ORS. ..... Petitioner Through: Ms. Arunima Dwivedi with Ms. Preeti Kumra and Mr. Raj Rishi, Advs.
UNION OF INDIA AND ANR.
..... Respondent
Through: Mr. B.S. Shukla, CGSC for UOI.
%
01.05.2018
CM Appl. No.17752/2018
¶1Allowed, subject to all just exceptions.
W.P.(C) No.4592/2018 & CM. Appl. No.17751/2018
¶2The petitioners have filed the present petition, inter alia, impugning
the list of disqualified directors published by the official respondents to the
extent that it includes the names of the petitioners.
¶3In this matter, I am informed by Mr. B.S. Shukla, CGSC 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.
¶4The petitioners claim that they were appointed as Directors on the Board of company by the name: Maway Gold and Green Fuels Limited (hereinafter referred to as "Company"). 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.
4.1 To be noted, counsel for the petitioners submits that petitioner no.1 was appointed as a Director on the Board of another company by the name: Integrated Bio Technologies India Private Limited which was struck off by the ROC, and that a writ petition has been filed before this Court in that behalf as well.
4.2 Counsel for the petitioners further submits that petitioner no.3 was appointed as a Director on the Board of another company by the name: RM Gold Private Limited which was struck off by the ROC, and that no steps have been taken by petitioner no.3 in that behalf.
¶5Counsel for writ petitioner(s) is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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), except petitioner no.3, 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 in consonance with Division Bench-I order dated 27.04.2018, passed in W.P.
(C) 4481/2018, titled: Rajesh Choudhary v. Union Of India and Anr.
(iv) The writ petitioner will deposit, if not deposited already, a 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.
¶7Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶8The writ petitioner(s) will abide by the Division Bench-I order dated 21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union f India and Ors.
¶9Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶10Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶11Pending application(s), if any, shall stand closed.
¶12It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶13Dasti under signatures of the Court master.
MAY 01, 2018/pmc
* + W.P.(C) 4591/2018
VIRENDRA SINGH AND ANR.
..... Petitioner
Through: Mr. Saurabh Kalia, Adv.
UNION OF INDIA AND ANR.
..... Respondent Through: Mr. Ripu Daman Bhardwaj, CGSC for UOI.
%
01.05.2018 CM Appl. No.17750/2018
¶1Allowed, subject to all just exceptions. W.P.(C) No.4591/2018 & CM. Appl. No.17749/2018
¶2The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶3In this matter, I am informed by Mr. Bhardwaj, CGSC 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.
¶4The petitioners claim that they were appointed as Directors on the Board of company by the name: Shishodia Cassette Industries Private Limited (hereinafter referred to as "Company"). The petitioners state that the company failed to generate any business since 2012. 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 was on account of the aforementioned infraction of law that their names came to be included in the impugned list.
¶5Counsel for writ petitioner(s) is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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 in consonance with Division Bench-I order dated 27.04.2018, passed in W.P. (C) 4481/2018, titled: Rajesh Choudhary v. Union Of India and Anr.
(iv) The writ petitioner will deposit, if not deposited already, a 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.
¶7Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶8Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶9Pending application(s), if any, shall stand closed.
¶10It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶11Dasti under signatures of the Court master.
MAY 01, 2018/pmc * + W.P.(C) 4582/2018
MUKESH GUPTA AND ORS.
..... Petitioner Through: Mr. Saurabh Kalia with Mr. Siddharth Nagpal, Advs.
UNION OF INDIA AND ANR.
..... Respondent
Through: Mr. B.S. Shukla, CGSC for R-1 & 2.
%
01.05.2018 CM Appl. No.17735/2018
¶1Allowed, subject to all just exceptions. W.P.(C) No.4582/2018 & CM. Appl. No.17734/2018
¶2The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶3In this matter, I am informed by Mr. Shukla, CGSC 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.
¶4The petitioners claim that they were appointed as Directors on the Board of company by the name: Winsol Energy Solutions Private Limited (hereinafter referred to as "Company"). The Petitioners state that the Company had been non-operational subsequent to 2011-2012. Furthermore, the petitioners states 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 on account of the aforementioned infraction of law that their names came to be included in the impugned list.
¶5Counsel for writ petitioner(s) is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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 in consonance with Division Bench-I order dated 27.04.2018, passed in W.P. (C) 4481/2018, titled: Rajesh Choudhary v. Union Of India and Anr.
(iv) The writ petitioner will deposit, if not deposited already, a 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.
¶7Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶8The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union f India and Ors.
¶9Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶10Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶11Pending application(s), if any, shall stand closed.
¶12It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶13Dasti under signatures of the Court master.
MAY 01, 2018/pmc * + W.P.(C) 4583/2018
ARVIND SRIVASTAVA & ANR
..... Petitioner
Through: Mr. Ashish Singh, Adv.
UNION OF INDIA & ANR
..... Respondent Through: Mr. Rakesh Kumar Gogna, CGSC for R-1 & 2.
%
01.05.2018 CM Appl. No.17737/2018
¶1Allowed, subject to all just exceptions. W.P.(C) No.4583/2018 & CM. Appl. No.17736/2018
¶2The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶3In this matter, I am informed by Mr. Gogna, CGSC 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.
¶4The petitioners claim that they were appointed as Directors on the Board of companies by the name: Money Real Estate Private Limited and Sprit Exim Private Limited (hereinafter referred to as "Companies"). The Petitioners state that the Companies had been non-operational since the last three years. Furthermore, the petitioners states that they had not filed the Companies' 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.
¶5Counsel for writ petitioner(s) is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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 in consonance with Division Bench-I order dated 27.04.2018, passed in W.P. (C) 4481/2018, titled: Rajesh Choudhary v. Union Of India and Anr.
(iv) The writ petitioner will deposit, if not deposited already, a 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.
¶7Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶8The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union f India and Ors.
¶9Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶10Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶11Pending application(s), if any, shall stand closed.
¶12It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶13Dasti under signatures of the Court master.
MAY 01, 2018/pmc * + W.P.(C) 4584/2018
SAHEJ BAKSHI AND ANR.
..... Petitioner
Through: Mr. Gursat Singh, Adv.
UNION OF INDIA AND ORS.
..... Respondent
Through: Mr. B.S. Shukla, CGSC for UOI.
%
01.05.2018
CM Appl. No.17739/2018
¶1Allowed, subject to all just exceptions. W.P.(C) No.4584/2018 & CM. Appl. No.17738/2018
¶2The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶3In this matter, I am informed by Mr. Shukla, CGSC 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.
¶4The petitioners claim that they were appointed as Directors on the Board of companies by the name: Double Vision Entertainment Private Limited (hereinafter referred to as "Company"). The Petitioners state that the Company had been non-operational since 2012. Furthermore, the petitioners states 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.
¶5Counsel for writ petitioner(s) is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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 in consonance with Division Bench-I order dated 27.04.2018, passed in W.P. (C) 4481/2018, titled: Rajesh Choudhary v. Union Of India and Anr.
(iv) The writ petitioner will deposit, if not deposited already, a 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.
¶7Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶8The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union f India and Ors.
¶9Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶10Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶11Pending application(s), if any, shall stand closed.
¶12It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶13Dasti under signatures of the Court master.
MAY 01, 2018/pmc * + W.P.(C) 4585/2018
ANKUR GUPTA AND ORS.
..... Petitioner
Through:
Mr. Ashish Singh, Adv.
UNION OF INDIA AND ORS.
..... Respondent
Through:
Mr. B. S. Shukla, CGSC for
UOI
%
01.05.2018 CM Appl. No.17741/2018
¶1Allowed, subject to all just exceptions. W.P.(C) No.4585/2018 & CM. Appl. No.17740/2018
¶2The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶3In this matter, I am informed by Mr. Shukla, CGSC 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.
¶4The petitioners claim that they were appointed as Directors on the Board of companies by the name: Integrated Industrial Process Solutions Private Limited (hereinafter referred to as "Company"). The Petitioners state that the Company had been non-operational for more than three years. Furthermore, the petitioners states 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.
¶5Counsel for writ petitioner(s) is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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 in consonance with Division Bench-I order dated 27.04.2018, passed in W.P. (C) 4481/2018, titled: Rajesh Choudhary v. Union Of India and Anr.
(iv) The writ petitioner will deposit, if not deposited already, a 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.
¶7Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶8The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union f India and Ors.
¶9Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶10Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶11Pending application(s), if any, shall stand closed.
¶12It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶13Dasti under signatures of the Court master.
MAY 01, 2018/pmc * + W.P.(C) 4586/2018
JETINDER PAL VERMA AND ANR.
..... Petitioner
Through: Mr. Ashish Singh, Adv.
UNION OF INDIA AND ORS.
..... Respondent
Through: Mr. B.S. Shukla, CGSC for UOI.
%
01.05.2018
CM Appl. No.17743/2018
¶1Allowed, subject to all just exceptions. W.P.(C) No.4586/2018 & CM. Appl. No.17742/2018
¶2The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶3In this matter, I am informed by Mr. Shukla, CGSC 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.
¶4The petitioners claim that they were appointed as Directors on the Board of companies by the name: Orchid IT Solutions Private Limited (hereinafter referred to as "Company"). The Petitioners state that the Company had been non-operational for more than three years. 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.
¶5Counsel for writ petitioner(s) is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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 in consonance with Division Bench-I order dated 27.04.2018, passed in W.P. (C) 4481/2018, titled: Rajesh Choudhary v. Union Of India and Anr.
(iv) The writ petitioner will deposit, if not deposited already, a 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.
¶7Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶8The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union f India and Ors.
¶9Liberty, however, is given both to the petitioner(s) and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶10Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶11Pending application(s), if any, shall stand closed.
¶12It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶13Dasti under signatures of the Court master.
MAY 01, 2018/pmc * + W.P.(C) 4595/2018
MAYANK GUPTA AND ANR.
..... Petitioner Through: Mr. Saurabh Kalia with Mr. Siddharth Nagpal, Advs.
UNION OF INDIA AND ANR.
..... Respondent
Through: Mr. Ripu Daman Bhardwaj, CGSC.
%
01.05.2018 CM Appl. No.17758/2018
¶1Allowed, subject to all just exceptions. W.P.(C) No.4595/2018 & CM. Appl. No.17757/2018
¶2The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶3In this matter, I am informed by Mr. Shukla, CGSC 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.
¶4The petitioners claim that they were appointed as Directors on the Board of companies by the name: Aeon Infratech Private Limited (hereinafter referred to as "Company"). The Petitioners state that the Company had been non-operational since its incorporation. 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.
¶5Counsel for writ petitioner(s) is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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 in consonance with Division Bench-I order dated 27.04.2018, passed in W.P. (C) 4481/2018, titled: Rajesh Choudhary v. Union Of India and Anr.
(iv) The writ petitioner will deposit, if not deposited already, a 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.
¶7Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶8The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union f India and Ors.
¶9Liberty, however, is given both to the petitioner(s) and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶10Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶11Pending application(s), if any, shall stand closed.
¶12It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶13Dasti under signatures of the Court master.
MAY 01, 2018/pmc * + W.P.(C) 7883/2009
SHRI NAZVEEN KUMAR
..... Petitioner Through: Mr. Amit for Ms. Sonali Malhotra, Adv.
NCT OF DELHI & ORS
..... Respondent Through: Mr. Diwankar Sethi, Adv. for Mr. Gaurang Kanth, Adv. for R-2/DSIIDC.
%
01.05.2018
Renotify the matter on 16.11.2018.
MAY 01, 2018/pmc * + W.P.(C) 4539/2018 & CM. APPL. No.17533/2018
SANDHYA CHEMPLAST PVT. LTD.
..... Petitioner Through: Ms. Sujata Kashyap with Mr. Ateka Khan, Advs.
THE ORIENTAL INSURANCE COMPANY LTD. AND ORS.
..... Respondent Through: Mr. Pradeep Gaur with Mr. Amit Gaur, Advs. for R-1.
Mr. Abhinav Singh with Mr. Vinod Kr. Goyal and Mr. Mohit Aggarwal, Advs. for R-3.
+ W.P.(C) 4579/2018 & CM. APPL. No.17731/2018
SANSKRITI SOCIETY FOR EDUCATION, RESEARCH AND DEVELOPMENT
..... Petitioner Through: Ms. Sujata Kashyap with Mr. Ateka Khan, Advs.
THE ORIENTAL INSURANCE COMPANY LTD. AND ORS.
..... Respondent Through: Mr. Pradeep Gaur with Mr. Amit Gaur, Advs. for R-1. Mr. Abhinav Singh with Mr. Vinod Kr. Goyal and Mr. Mohit Aggarwal, Advs. for R-3.
%
01.05.2018 W.P.(C) 4539/2018 & W.P.(C) 4579/2018
Pg.1 of 2
¶1The grievance of the petitioners is that their matters are not being heard by the District Consumer Forum – VII, Delhi/respondent No.2 on account of inadequate staff.
¶2Issue notice.
¶3Mr. Gaur accepts notice for respondent No.1, while Mr. Abhinav Singh accepts notice for respondent No.3.
¶4Learned counsel for respondent No.3 says that he will take instructions in the matter as to why adequate staff is not deployed at the concerned forum.
¶5Renotify the matter on 27.8.2018.
MAY 01, 2018/pmc
W.P.(C) 4539/2018 & W.P.(C) 4579/2018
Pg.2 of 2
* + W.P.(C) 4526/2018
SUNITA
..... Petitioner Through: Mr. Pradeep Gupta with Mr. Parinav Gupta, Ms. Mansi Gupta and Mr. Moazzam Ali, Advs.
GOVERNMENT OF NCT OF DELHI AND ORS. ..... Respondent
Through: Mr. Sanjoy Ghose, ASC for GNCTD.
%
01.05.2018 CM. APPL.No.17504-05/2018
¶1Allowed, subject to all just exceptions. W.P.(C) No.4526/2018 & CM. APPL. No.17506/2018
¶2Issue notice.
¶3Mr. Ghose accepts notice for the respondents. In view of the order that I propose to pass, Mr. Ghose says that he does not wish to file a counter affidavit in the matter.
¶4The limited relief that the petitioner seeks is the disposal of a representation dated 5.4.2018, which is marked as Annexure P-9 and appended at pages 80 to 82 of the paper book.
¶5Accordingly, the writ petition is disposed of with a direction to the respondents to deliberate upon the aforementioned representation of the petitioner and, thereafter, pass a speaking order qua the same.
W.P.(C) No.4526/2018
Pg.1 of 2
¶6The concerned authority will also call upon the petitioner and/or her authorized representative for hearing in the matter before passing a speaking order. A copy of the speaking order will be furnished to the petitioner. In case the petitioner is aggrieved, she will be at liberty to assail the same in the manner known to law.
MAY 01, 2018/pmc
W.P.(C) No.4526/2018
Pg.2 of 2 * + W.P.(C) 3347/2018
DEEPAK DATWANI AND ANR.
..... Petitioner Through: Mr. Saurabh Kalia with Mr. Siddharth Nagpal, Advs.
UNION OF INDIA AND ANR.
..... Respondent
Through: Mr. P.S. Singh, Adv. for R-1 & 2.
%
01.05.2018 CM. APPL.No.17501/2018
¶1Issue notice.
¶2Mr. P.S. Singh accepts notice for respondent No.1 & 2 and says he does not oppose the relief claimed in the application. The substantive relief claimed in the application is as follows: "Allow the instant application by granting 15 days' time to the Petitioners/Applicants in order to comply with the direction of this Hon'ble Court in its order dated 06.04.2018. "
¶3Accordingly, prayer made in the application is allowed.
¶4Learned counsel for the applicants/petitioners will comply with the directions contained in the order dated 6.4.2018, latest by, 15.5.2018.
¶5Dasti.
MAY 01, 2018/pmc * + W.P.(C) 6167/2011
LIFESTYLE BUILDCON (P) LTD
..... Petitioner Through: Mr. Shreyans Singhvi with Ms. Nayantara and Ms. Mohita, Advs.
DELHI POLLUTION CONTROL COMMITTEE & ANR
..... Respondent Through: Mr. Dayan Krishanan, Sr. Adv. with Mr. S.S. Bawa, Adv. for the applicant.
%
01.05.2018 CM. APPL. No.17507, 17575/2018
¶1Mr. Krishanan, learned Senior Counsel who appears for the applicant, on instructions, says that since the main matter is coming up for hearing on
24.7.2018, the captioned applications be stood over till such date.
¶2Accordingly, renotify the applications on 24.7.2018.
MAY 01, 2018/pmc * + W.P.(C) 4517/2018
NAFIS-UL-AFIIN
..... Petitioner Through: Mr. T.S. Ahuja with Mr. Varun Ahuja, Advs.
UNION OF INDIA AND ANR.
..... Respondent Through: Ms. Shiva Lakshmi with Mr. Siddharth Singh, Advs. for R-1 & 2.
%
01.05.2018 CM. APPL. No.17348/2018
¶1Allowed, subject to all just exceptions. W.P.(C) No.4517/2018 & CM. APPL. No.17347/2018
¶2Issue notice.
¶3Ms. Shiva Lakshmi accepts notice for the respondents.
¶4Counter affidavit, if any, be filed within four weeks from today. Rejoinder, if any, be filed before the next date of hearing.
¶5In the meanwhile, learned counsel for the petitioner will place on record the order passed by the Supreme Court in the proceedings taken out by the tenant qua subject premises.
¶6To be noted, in this proceeding the petitioner is aggrieved by the order dated 18.5.2017.
6.1 By virtue of the impugned order the tenant, one, Mr. Vijay Sachdeva has been directed to deposit the rent for the period commencing from 10.9.1965 qua the portion of the subject property which is in his occupation, with the custodian of enemy property.
¶7Renotify the matter on 11.9.2018.
MAY 01, 2018/pmc
* + W.P.(C) 4515/2018 & CM. APPL. No.17345/2018
SWAROOP ROUND THE CLOCK CONVENIENCE STORE
..... Petitioner
Through: None.
OFFICE OF THE ADDITIONAL COMMISSIONER OF POLICE & ORS
..... Respondent
Through: Mr. Sanjoy Ghose, ASC for GNCTD.
%
01.05.2018
At request of Mr. Ghose, renotify the matter on 4.5.2018.
MAY 01, 2018/pmc * + W.P.(C) 3611/2018
RAMA BALA
..... Petitioner
Through: Petitioner in person.
DELHI MEDICAL COUNCIL & ORS
..... Respondent
Through: None.
%
01.05.2018 CM. APPL. No.17409/2018
¶1Vide order dated 13.4.2018, I had issued notice only to respondent No.1 and 2. The main matter has been renotified on 31.8.2018.
¶2Accordingly, the application will stand over till 31.8.2018.
MAY 01, 2018/pmc * + W.P.(C) 8699/2016
KAMAL SEHGAL
..... Petitioner
Through: Mr. Jagdish, Adv.
UOI AND ANRS
..... Respondent Through: Mr. Abhishek Ghai, Adv. for Mr. Sanjeev Narula, CGSC for UOI.
%
01.05.2018 CM. APPL.No.16932/2018
¶1The substantive prayer made in the application is as follows: "To allow the petitioner to withdraw Writ Petition (Civil) No.8699/2016 with liberty to approach the Hon'ble Tribunal."
¶2Accordingly, prayer as made is allowed.
¶3The captioned application stands disposed of. W.P.(C) No.8699/2016
¶4Accordingly, writ petition is dismissed as withdrawn with liberty as prayed for.
MAY 01, 2018/pmc * + W.P.(C) 4543/2018 & CM. APPL. No.17603/2018
VIJAY KUMAR SINHA & ANR
..... Petitioner
Through: None.
UNION OF INDIA & ORS
..... Respondent Through: Mr. Ripu Daman Bhardwaj, CGSC for UOI.
%
01.05.2018
¶1There is no appearance on behalf of the petitioners.
¶2Adverse orders are deferred.
¶3Renotify the matter on 7.5.2018.
MAY 01, 2018/pmc * + W.P.(C) 4594/2018
SUNIL KUMAR GUPTA & ANR
..... Petitioner Through: Ms. Anju B. Gupta with Ms. Apoorva Gulati, Advs.
UNION OF INDIA & ANR
..... Respondent Through: Mr. Ripu Daman Bhardwaj with Mr. Brajesh Kumar, Advs.
%
01.05.2018 CM Appl. No.17756/2018
¶1Allowed, subject to all just exceptions. W.P.(C) No.4594/2018 & CM. Appl. No.17755/2018
¶2Learned counsel for the petitioner seeks a short accommodation to file an affidavit vis-a-vis the person who was on the board of the defaulting company and is not a party before this Court.
¶3Renotify the matter on 4.5.2018.
MAY 01, 2018/pmc * + W.P.(C) 4587/2018 & CM. APPL. No.17744/2018
MITHILESH KUMAR
..... Petitioner
Through: Mr. Vishnu Prabhakar Singh, Adv.
UNION OF INDIA AND ANR.
..... Respondent Through: Mr. Ripu Daman Bhardwaj, CGSC with Mr. Brajesh Kumar, Adv. for UOI.
%
01.05.2018
¶1Issue notice.
¶2Mr. Bhardwaj accepts notice for the respondents.
¶3In view of the order that I propose to pass, Mr. Bhardwaj does not wish to file a counter affidavit in the matter.
¶4The record shows that the defaulting company goes by the name: "JSB Total Broadcast Communication Private Limited" (for short "JSB"). The master data of JSB shows that at the relevant point in time, two persons were appointed on its Board of Directors, one of which was the petitioner. The other director, that is, Mr. Jesus Mantoo is not a party before this Court.
4.1 I am told by learned counsel for the petitioner that Mr. Jesus Mantoo has shown no interest in approaching this Court for relief.
W.P.(C) 4587/2018
Pg.1 of 2
¶5Furthermore, counsel for the petitioner says that the petitioner is impacted with the continued inclusion of by his name in the list of disqualified directors as he is on the board of other companies, which are active and fully functional. For this purpose, my attention is drawn to page 62 of the paper book.
¶6Mr. Bhardwaj, who appears for the respondents, says that the assertions of the petitioner made before this Court can be inquired into by the ROC.
6.1 I tend to agree with this submission of Mr. Bhardwaj.
¶7Accordingly, writ petition is disposed of with a direction that the petitioner would appear before the ROC on 8.5.2018 at 11.00 a.m. The ROC will ascertain the correct position and thereafter, pass a speaking order. A copy of the order will be furnished to the counsel for the petitioner.
¶8In case the petitioner is aggrieved by the ROC"s order, he will have liberty to assail the same in the manner known to law.
¶9Pending the inquiry by the ROC, the operation of the impugned list of disqualified directors will remain stayed insofar as it concerns the petitioner.
¶10Furthermore, ROC will activate the petitioner"s DIN and DSC. The ROC will, however, have liberty to vary or even withdraw the facility after hearing the petitioner and/or his representative, if such a situation arises.
¶11Dasti under the signatures of the Court Master.
MAY 01, 2018/pmc
W.P.(C) 4587/2018
Pg.2 of 2 * + W.P.(C) 4581/2018
JAGDISH VISHNOI AND ORS.
..... Petitioner
Through: Mr. Varun Kashyap, Adv.
REGISTRAR OF COMPANIES AND ORS. ..... Respondent Through: Mr. Dev P. Bhardwaj, CGSC for UOI.
%
01.05.2018
¶1Counsel for the petitioner says that he will file an affidavit stating therein clearly as to the period for which the defaulting company has not carried out any business and operated any bank account.
¶2Renotify the matter on 4.5.2018.
MAY 01, 2018/pmc
* + W.P.(C) 4575/2018
RANBIR KAUR
..... Petitioner Through: Mr. Naresh Kumar Bansal with Mr. Alok Sinha, Advs.
UNION OF INDIA AND ORS.
..... Respondent Through: Mr. Bhagwan Swarup Shukla, CGSC with Mr. Kamaldeep, Adv. for R-1 &
2.
%
01.05.2018 CM APP No.17724/2018
¶1Allowed, subject to all just exceptions. W.P.(C) 4575/2018 & CM APP No.17723/2018
¶2Issue notice.
¶3At request of the Court, Mr. Shukla accepts notice on behalf of the official respondents.
¶4In view of the order that I propose to pass, Mr. Shukla does not wish to file a counter affidavit.
¶5The record shows that the defaulting company goes by the name: "Habitat Space & Infra Private Limited" (for short "HSIPL"). It is the writ petitioner"s case that since HSIPL had not filed its financial statements and statutory returns as required under the extant provisions of law, its name was struck off from the Register of Companies. W.P.(C) 4575/2018
Pg.1 of 3
5.1 The master data appended to the petition shows that at the given point in time, there were three Directors on the Board of HSIPL. These being: Ravi Malik, Renu Malik and the writ petitioner (Ranbir Kaur).
5.2 It appears that Ravi Malik had approached this Court by way of a writ petition being W.P.(C) No.3105/2018. This writ petition was disposed of by another learned Single Judge vide order dated 28.3.2018. By virtue of this order liberty was granted to Mr. Ravi Malik to avail of the benefits of the Condonation of Delay Scheme, 2018 ("Scheme") in consonance with the directions contained therein.
¶6Mr. Bansal, who appears for the petitioner, says that, in fact, Mr. Ravi Malik has also filed an appeal before the NCLT, which he proposes to withdraw, in view of the order dated 28.3.2018, passed by this Court. Mr. Bansal further submits that the writ petitioner had also moved an application before the NCLT for being impleaded as a party.
6.1 It is, thus, the submission of Mr. Bansal that given these circumstances, the writ petitioner"s DIN and DSC be activated and her name may be excluded from the impugned list of disqualified directors, as was ordered in the case of Mr. Ravi Malik.
¶7Mr. Shukla, who appears for the official respondents, on the other hand, says that the matter needs to be inquired into by the ROC.
7.1 I tend to agree with the submission of Mr. Shukla.
¶8Accordingly, the writ petition is disposed of with a direction that the writ petitioner would appear before the ROC on 8.5.2018 at 11.00 a.m. The ROC will ascertain the correct position and thereafter, pass a speaking order. A copy of the order, so passed, will be furnished to the counsel for the writ W.P.(C) 4575/2018
Pg.2 of 3 petitioner.
¶9In case the writ petitioner is aggrieved by ROC"s order, she will have liberty to assail the same in the manner known to law.
¶10Pending the inquiry by ROC, the operation of the impugned list of disqualified directors will remain stayed insofar as it concerns the writ petitioner.
¶11Furthermore, the ROC will activate the Petitioner's DIN and DSC. The ROC will, however, have the liberty to vary or even withdraw the facility after hearing the writ petitioner and/or her representative, if such a situation arises.
¶12Dasti under the signatures of the Court Master.
MAY 01, 2018/pmc
W.P.(C) 4575/2018
Pg.3 of 3
* + W.P.(C) 4574/2018
SHAILESH GUPTA
..... Petitioner
Through: Mr. Navin Kumar Singh, Adv.
UNION OF INDIA AND ANR.
..... Respondent Through: Mr. Bhagwan Swarup Shukla, CGSC for R-1 & 2.
%
01.05.2018 CM APP No.17722/2018
¶1Allowed, subject to all just exceptions. W.P.(C) 4574/2018 & CM APP No.17721/2018
¶2Learned counsel for the petitioner seeks accommodation to file an affidavit bringing on record the consent of the other Directors on the Board of the defaulting companies.
¶3At his request, renotify the matter on 8.5.2018.
MAY 01, 2018/pmc * + W.P.(C) 4572/2018
RAGHVENDRA AGARWAL AND ORS ..... Petitioner Through: Mr. Vivek Malik with Mr. Dhawal Sain, Advs.
UNION OF INDIA AND ORS.
..... Respondent Through: Mr. Ripu Daman Bhardwaj, CGSC with Mr. Brajesh Kumar, Adv.
%
01.05.2018 CM APP No.17719/2018
¶1Allowed, subject to all just exceptions. W.P.(C) 4572/2018 & CM APP No.17718/2018
¶2Learned counsel for the petitioner seeks accommodation to file an affidavit bringing on record the fact that the defaulting company has not carried out any business and operated any bank account.
¶3At request, renotify the matter on 3.5.2018.
MAY 01, 2018/pmc * + W.P.(C) 10374/2017
SURINDER KUMAR MADAN
..... Petitioner
Through: Mr. Sudhir Nagar, Adv.
DELHI STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION
..... Respondent
Through: Mr. Sumit Rana, Adv. for DSIIDC.
%
01.05.2018 CM APP No.17498/2018
¶1Issue notice.
¶2Mr. Sumit Rana accepts notice for the respondent.
¶3Reply, if any, will be filed before the next date of hearing.
¶4Renotify the matter on 23.7.2018.
¶5In case the Estate Officer passes the final order, he will not enforce the same for a period of one week from the date the order is passed. A copy of the final order will be furnished to the petitioner.
¶6Dasti.
MAY 01, 2018/pmc * + W.P.(C) 885/2017 & CM APP No.4000/2017, 12602/2017
BOHRA INDUSTRIES LTD.
..... Petitioner
Through: Mr. Biju Mattam, Adv.
UNION OF INDIA & ANR
..... Respondent
Through: Ms. J. Vijetha, Adv. for UOI. Mr. Manish Kaushik with Mishal Johari, Advs. for R-2.
%
01.05.2018
¶1Counsel for the petitioner seeks accommodation.
¶2Renotify the matter on 16.11.2018.
¶3In the meanwhile, respondents will file their counter affidavits within four weeks from today.
MAY 01, 2018/pmc * + W.P.(C) 8843/2014 & CM APP No.11396/2015
DMA NURSING HOME & MEDICAL ESTABLISHMENT FORUM
..... Petitioner
Through: Mr. Pusshp Gupta, Adv.
UNION OF INDIA & ORS
..... Respondent Through: Mr. Aditya Goyal, Adv. for Mr. Akshay Makhija, CGSC for R-1/UOI. Mr. Vishnu Mehra, Adv. for R-3/GIPSA.
%
01.05.2018
¶1No time left.
¶2It is already 5.45 p.m.
¶3Renotify the matter on 19.11.2018.
¶4In the meanwhile, the petitioner will take steps to implead the insurance companies, which form the part of respondent No.3/GIPSA.
MAY 01, 2018/pmc
*
+ W.P.(C) 5152/2010
DELHI JAL BOARD
..... Petitioner
Through: Ms. Nandita Rao, Adv.
ASSISTANT COLLECTOR AND ANR
..... Respondent Through: Mr. Naushad Ahmed Khan, ASC for GNCTD. Ms. Biji Rajesh with Mr. Diwankar Sethi, Advs. for Mr. Gaurang Kanth, Adv. for MCD.
+ W.P.(C) 5926/2011 & CM APP No.11986/2011
MUNICIPAL CORPORATION OF DELHI THROUGH ITS COMMISSIONER
..... Petitioner Through: Ms. Biji Rajesh with Mr. Diwankar Sethi, Advs. for Mr. Gaurang Kanth, Adv. for MCD.
THE GNCT OF DELHI AND ORS
..... Respondent Through: Mr. Naushad Ahmed Khan, ASC for GNCTD. Mr. Ajjay Aroraa with Mr. Kapil Dutta, Advs. for NDMC.
%
01.05.2018
¶1I am informed that a detailed counter affidavit in W.P.(C) No.5152/2010 & W.P.(C) No.5926/2011 as directed by this Court vide order dated 24.11.2016 has not been filed by respondent No.1.
¶2Respondent No.1 will do the needful within four weeks from today. Rejoinder thereto, if any, will be filed before the next date of hearing.
¶3Renotify the matter on 26.11.2018.
MAY 01, 2018/pmc
* + W.P.(C) 4548/2018
VIRENDER MISHRA AND ANR.
..... Petitioners
Through: Mr. Ashish Singh, Adv.
UNION OF INDIA AND ANR.
..... Respondents
Through: Mr. Dev P.Bhardwaj, CGSC with Mr. Kanishk Arora & Ms. Anubha Bhardwaj, Advs.
%
01.05.2018
CM APP No.17618/2018(exemption)
¶1Allowed, subject to all just exceptions. W.P.(C) 4548/2018 & CM Appl.No.17617/2018
¶2The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶3In this matter, I am informed by the learned counsel for the official respondents 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.
¶4The petitioners claim that they were appointed as Directors on the Board of company by the name: Skydd Technologies Private Limited (hereinafter referred to as "Company"). The petitioners state that the Company had not carried out any business in the last three years. Furthermore, the petitioners states 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.
¶5Counsel for writ petitioner(s) is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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 in consonance with Division Bench-I order dated 27.04.2018, passed in W.P. (C) 4481/2018, titled: Rajesh Choudhary v. Union Of India and Anr.
(iv) The writ petitioner will deposit, if not deposited already, a 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.
¶7Liberty, however, is given both to the petitioner(s) and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶8The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union f India and Ors.
¶9Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶10Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶11Pending application(s), if any, shall stand closed.
¶12It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶13Dasti under signatures of the Court master.
MAY 01, 2018/ak * + W.P.(C) 4546/2018
ANKUSH JOHAR AND ANR.
..... Petitioners
Through: Mr. Saurabh Kalia with Mr. Siddharth Nagpal, Advs.
UNION OF INDIA AND ANR.
..... Respondents
Through: Mr. Vinod Diwakar, Adv. for R-1 & 2.
%
01.05.2018 CM APP No.17612/2018(exemption)
¶1Exemption allowed, subject to all just exceptions. W.P.(C) 4546/2018 & CM Appl.No.17611/2018
¶2The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶3In this matter, I am informed by Mr. Diwakar, CGSC 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.
¶4The petitioners claim that they were appointed as Directors on the Board of company by the name: Addroit Media Marketing Private Limited (hereinafter referred to as "Company"). The petitioners state that the Company had not carried out any business since its incorporation. 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.
¶5Counsel for writ petitioner(s) is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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 in consonance with Division Bench-I order dated 27.04.2018, passed in W.P. (C) 4481/2018, titled: Rajesh Choudhary v. Union Of India and Anr.
(iv) The writ petitioner will deposit, if not deposited already, a 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.
¶7Liberty, however, is given both to the petitioner(s) and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶8The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union f India and Ors.
¶9Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶10Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶11Pending application(s), if any, shall stand closed.
¶12It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶13Dasti under signatures of the Court master.
MAY 01, 2018/ak * + W.P.(C) 4540/2018
ROHINI SAWHNEY
..... Petitioner
Through: Mr. Vineet Jhanji with Mr. Imran Moulaey, Mr. Pawan Sharma & Ms. Arpita Yadav, Advs.
UNION OF INDIA AND ORS.
..... Respondents
Through: Mr. B.S.Shukla, CGSC with Mr. Kamaldeep, Adv. + W.P.(C) 4580/2018
RISHAL SAWHNEY
..... Petitioner
Through: Mr. Vineet Jhanji with Mr. Imran Moulaey, Mr. Pawan Sharma & Ms. Arpita Yadav, Advs.
UNION OF INDIA & ORS
..... Respondent
Through: Mr. B.S.Shukla, CGSC with Mr. Kamaldeep, Adv.
%
01.05.2018 CM APP No.17542/2018(exemption) in W.P.(C) 4540/2018 & CM APP No.17733/2018(exemption) in W.P.(C) 4580/2018
¶1Allowed, subject to all just exceptions. W.P.(C) 4540/2018 & CM Appl.No.17541/2018 & W.P.(C) 4580/2018 & CM Appl.No.17732/2018
¶2The petitioners have filed the present petitions, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶3In this matter, I am informed by Mr. Shukla, CGSC 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.
¶4The petitioners claim that they were appointed as Directors on the Boards of companies by the names: Konkan Retreat Private Limited and Hacienda Retreat Private Limited (hereinafter referred to as "Companies"). The petitioners state that the Companies had not carried out any business since their incorporation. Furthermore, the petitioners state that they had not filed the Companies' 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.
¶5Counsel for writ petitioner(s) is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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 in consonance with Division Bench-I order dated 27.04.2018, passed in W.P. (C) 4481/2018, titled: Rajesh Choudhary v. Union Of India and Anr.
(iv) The writ petitioner will deposit, if not deposited already, a 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.
¶7Liberty, however, is given both to the petitioner(s) and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶8The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union f India and Ors.
¶9Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶10Needless to say, the disposal of the writ petition(s) will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶11Pending application(s), if any, shall stand closed.
¶12It is made clear that if there is any other company apart from the subject companies mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶13Dasti under signatures of the Court master.
MAY 01, 2018/ak * + W.P.(C) 4538/2018
VIKRAM KHULLAR
..... Petitioner
Through: Mr. Ashish Singh, Adv.
UNION OF INDIA AND ORS.
..... Respondents
Through: Mr. Vivekanand Mishra, Sr. Counsel
for R-1 & 2.
%
01.05.2018 CM APP No.17532/2018(exemption)
¶1Allowed, subject to all just exceptions. W.P.(C) 4538/2018 & CM Appl.No.17531/2018
¶2The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶3In this matter, I am informed by Mr.Mishra, Sr. Counsel 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.
¶4The petitioners claim that they were appointed as Directors on the Board of company by the name: Golden Glades And Resorts Private Limited (hereinafter referred to as "Company"). The petitioners state that the Company had not carried out any business since the last three years. 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.
¶5Counsel for writ petitioner(s) is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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 in consonance with Division Bench-I order dated 27.04.2018, passed in W.P. (C) 4481/2018, titled: Rajesh Choudhary v. Union Of India and Anr.
(iv) The writ petitioner will deposit, if not deposited already, a 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.
¶7Liberty, however, is given both to the petitioner(s) and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶8The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union f India and Ors.
¶9Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶10Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶11Pending application(s), if any, shall stand closed.
¶12It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶13Dasti under signatures of the Court master.
MAY 01, 2018/ak * + W.P.(C) 4534/2018, CM APP No.17524/2018
RAHUL MALHOTRA & ANR
..... Petitioners
Through: Mr. Vishnu Prabhakar Singh, Adv.
UNION OF INDIA & ANR
..... Respondents
Through: Ms. Amrita Prakash, CGSC.
%
01.05.2018
W.P.(C) No.4577/2018 & CM. Appl. No.17524/2018
¶1Issue notice. Mr. Amrita Prakash, CGSC accepts notice on behalf of the official respondents.
¶2Learned counsel for the petitioners, says that he wishes to approach the NCLT for reviving company by the name: Daily Bazaar Private Limited (hereinafter referred to as "Company").
¶3To be noted, the Company was struck off from the Register of Companies by the ROC upon its failure to file the requisite financial statements and returns. The petitioners, I am told, were appointed as Directors on the Board of the Company.
¶4In view of the fact that the petitioners wish to approach the NCLT to revive the Company in consonance with the provisions of Section 252 of the Companies Act, 2013, the learned counsel for the official respondents submits that the ROC will not oppose the revival provided the appeal is filed before 07.05.2018.
¶5Having regard to the aforesaid, the writ petition is disposed of giving liberty to the petitioners to approach the NCLT by way of an appeal. Since the captioned Writ petition was filed on the day the Condonation of Delay Scheme, 2018 ("Scheme") was to expire, leave is granted to the Petitioner(s) to institute the appeal with NCLT on or before 07.05.2018. Pending the decision in the appeal, there would be a stay on the operation of the list of disqualified directors insofar as it concerns the petitioners herein. Furthermore, the respondents will also activate the DIN and DSC of the petitioners.
¶6Needless to say if the petitioners fail to file an appeal within the timeline given above, or fails in persuading the NCLT to revive the Company, the stay on the operation of the list of disqualified directors, insofar as it concerns the petitioners, would stand dissolved automatically with necessary consequences. This direction would also apply if the petitioners fail to take requisite steps under the Condonation of Delay Scheme, 2018 ("Scheme") after it is ordered to be revived by NCLT.
¶7Dasti under signatures of the Court master.
MAY 01, 2018 ak * + W.P.(C) 4545/2018
AVBS DIGITAL SOLUTIONS PVT LTD ..... Petitioner
Through: Mr. N.S.Dalal & Ms. Toral Banerjee, Advs.
POST GRADUATE INSTITUTE OF MEDICAL EDUCATION &
RESEARCH & ANR
..... Respondents
Through: Ms. Shiva Lakshmi, CGSC with Mr. Siddharth Singh, Adv.
%
01.05.2018
¶1Counsel for the petitioner states that the petitioner is aggrieved as the contract given to it for annual maintenance of printers, scanners, computers, laptops and fax machines has been terminated prior to its tenure coming to an end.
¶2According to the petitioner, the tenure of the contract was three years i.e. from 1.4.2016 to 31.3.2019. Counsel for the petitioner submits that the contract was terminated vide communication dated 11th April, 2018, at the whim and fancy of respondent no.1
¶3Issue notice.
¶4Ms. Shiva Lakshmi, learned counsel accepts notice on behalf of
W.P.(C) 4545/2018
the respondents. Learned counsel states that she would require time to obtain instructions.
¶5Renotify the matter on 6.7.2018.
¶6Counsel for the respondents will bring to the Court the original records. Furthermore, if a contract is given to a third party by the respondents the same will be subject to the outcome of the writ petition.
MAY 01, 2018/ak
W.P.(C) 4545/2018
* + W.P.(C) 4567/2018
JAY POLYCHEM (INDIA) LTD. AND ANR. ..... Petitioners Through: Dr. Ashwani Kumar & Mr. Kirti Uppal, Sr. Advs. with Mr. Vineet Malhotra, Mr. Vishal Gohri & Mr. Shubhanshu Kaushik, Advs.
BANK OF INDIA
..... Respondent
Through: None.
%
01.05.2018
¶1Issue notice to the respondent.
¶2In addition, service be effected via private mode as well.
¶3Renotify the matter on 26.10.2018.
MAY 01, 2018 ak * + W.P.(C) 4573/2018, CM APP No.17720/2018 JENENDRA MEDICOS PVT. LTD THROUGH DIRECTOR VINOD KUMAR JAIN
..... Petitioner
Through: Mr. P.K.Bhardwaj, Adv.
UNION OF INDIA AND ORS.
..... Respondents
Through: Ms. Bharathi Raju with Ms. J.Vijetha, Advs. for R-1 to 3.
%
01.05.2018
¶1Issue notice.
¶2Ms. Bharathi Raju, learned counsel accepts notice on behalf of respondent nos. 1 to 3.
¶3Counter affidavit, if any be filed within three weeks from today. Rejoinder thereto be filed before the next date of hearing.
¶4Any steps taken hereafter by the respondents will be subject to the final outcome of the writ petition.
¶5Renotify on 15th November, 2018.
MAY 01, 2018 ak * + W.P.(C) 4588/2018
KHAITAN CHEMICALS AND FERTILIZERS LTD ...... Petitioner
Through: Mr. Vineet Malhotra, Adv
UNION OF INDIA AND ORS.
..... Respondents
Through: Mr. Kirtiman Singh, CGSC with Mr. Brajesh Kumar & Mr. Waize Ali, Advs.
%
01.05.2018
¶1There is no representation on behalf of the petitioner. Adverse orders are deferred.
¶2Mr. Kirtiman Singh, learned counsel who appears for the respondents states that he will take instructions in the meanwhile.
¶3Renotify on 6th July, 2018.
MAY 01, 2018/ak At this stage, Mr. Vineet Malhotra, learned counsel for the petitioner enters appearance. He is apprised of the order passed today.
MAY 01, 2018/ak * + W.P.(C) 4597/2018, CM No.17761/2018
SANJAY SACHDEVA & ORS.
..... Petitioners
Through: Mr.Kunal Sabharwal, Adv.
UNION OF INDIA AND ANR.
..... Respondents
Through: Mr. Dev P. Bhardwaj, CGSC with Mr. Kanishk Arora, Adv.
%
01.05.2018
¶1The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶2In this matter, I am informed by Mr. Dev P. Bhardwaj, CGSC 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.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: MGRS Promoters Private Limited (hereinafter referred to as "Company"). The petitioners state that the Company had not carried out any business in the last four years. 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.
¶4Counsel for writ petitioner(s) is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶5Accordingly, 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 in consonance with Division Bench-I order dated 27.04.2018, passed in W.P. (C) 4481/2018, titled: Rajesh Choudhary v. Union Of India and Anr.
(iv) The writ petitioner will deposit, if not deposited already, a 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.
¶6Liberty, however, is given both to the petitioner(s) and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶7The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union f India and Ors.
¶8Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶9Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶10Pending application(s), if any, shall stand closed.
¶11It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶12Dasti under signatures of the Court master.
MAY 01, 2018/ak * + W.P.(C) 4598/2018, CM No.17762/2018
ASHUTOASH RASTOGI & ANR
..... Petitioners
Through: Mr. Ashish Middha, Adv.
MINISTRY OF CORPORATE AFFAIRS AND ANR.
..... Respondents
Through: Mr. Dev P. Bhardwaj, CGSC with Mr. Kanishk Arora, Adv.
%
01.05.2018
¶1The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶2In this matter, I am informed by Mr. Dev P. Bhardwaj, CGSC 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.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: CLS Marketing Private Limited (hereinafter referred to as "Company"). The petitioners state that the Company had not carried out any business since incorporation. 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.
¶4Counsel for writ petitioner(s) is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶5Accordingly, 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 in consonance with Division Bench-I order dated 27.04.2018, passed in W.P. (C) 4481/2018, titled: Rajesh Choudhary v. Union Of India and Anr.
(iv) The writ petitioner will deposit, if not deposited already, a 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.
¶6Liberty, however, is given both to the petitioner(s) and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶7The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union of India and Ors.
¶8Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶9Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶10Pending application(s), if any, shall stand closed.
¶11It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶12Dasti under signatures of the Court master.
MAY 01, 2018/ak * + W.P.(C) 4599/2018, CM No.17763/2018
RITU RASTOGI & ANR
..... Petitioners
Through: Mr. Ashish Middha, Adv.
MINISTRY OF CORPORATE AFFAIRS AND ANR.
..... Respondents
Through: Mr. Dev P. Bhardwaj, CGSC with Mr. Kanishk Arora, Adv.
%
01.05.2018
¶1The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶2In this matter, I am informed by Mr. Dev P. Bhardwaj, CGSC 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.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: Optima Wellness Private Limited (hereinafter referred to as "Company"). The petitioners state that the Company was not carrying out business since its incorporation. 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.
¶4Counsel for writ petitioner(s) is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶5Accordingly, 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 in consonance with Division Bench-I order dated 27.04.2018, passed in W.P. (C) 4481/2018, titled: Rajesh Choudhary v. Union Of India and Anr.
(iv) The writ petitioner will deposit, if not deposited already, a 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.
¶6Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶7The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union f India and Ors.
¶8Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶9Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶10Pending application(s), if any, shall stand closed.
¶11It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶12Dasti under signatures of the Court master.
MAY 01, 2018/ak * + W.P.(C) 4600/2018, CM No.17764/2018
ARVIND SHARMA & ANR
..... Petitioners
Through: Mr. Rajeev Ranjan Pandey, Adv.
UNION OF INDIA AND ANR.
..... Respondents
Through: Mr. Dev P. Bhardwaj, CGSC with Mr. Kanishk Arora, Adv.
%
01.05.2018
¶1The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶2In this matter, I am informed by Mr. Dev P. Bhardwaj, CGSC 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.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: Kazen – Servicemart Services & Sales Private Limited (hereinafter referred to as "Company"). The petitioners state that the Company had not carried out any business in the last three years. 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.
¶4Counsel for writ petitioner(s) is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶5Accordingly, 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 in consonance with Division Bench-I order dated 27.04.2018, passed in W.P. (C) 4481/2018, titled: Rajesh Choudhary v. Union Of India and Anr.
(iv) The writ petitioner will deposit, if not deposited already, a 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.
¶6Liberty, however, is given both to the petitioner(s) and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶7The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union f India and Ors.
¶8Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶9Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶10Pending application(s), if any, shall stand closed.
¶11It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶12Dasti under signatures of the Court master.
MAY 01, 2018/ak * + W.P.(C) 4604/2018
AMIT SHARMA
..... Petitioner
Through: Mr. Mohit Gupta, Adv.
UNION OF INDIA AND ANR.
..... Respondents
Through: Mr. Anil Soni, CGSC with Mr. Abhinav Tyagi, Adv. for R-1 to 3.
%
01.05.2018 CM APP No.17769/2018(exemption)
¶1Exemption allowed, subject to just exceptions. W.P.(C) 4604/2018 & CM Appl.No.17768/2018
¶2At request of learned counsel for the petitioner, renotify the matter on 7.5.2018.
MAY 01, 2018/ak * + W.P.(C) 4601/2018, CM APP No.17765/2018
MANOJ CHANDRA MISHRA
..... Petitioner
Through: Mr. Rajeev Ranjan Pandey, Adv.
Versus
UNION OF INDIA AND ANR.
..... Respondents
Through: Mr. Dev P. Bhardwaj, CGSC with Mr. Kanishk Arora & Ms. Anubha Bhardwaj, Advs. for R-1 & 2.
%
01.05.2018
¶1Issue notice.
¶2Mr. Dev P.Bhardwaj, learned counsel accepts notice on behalf of the respondents. Mr. Bhardwaj does not wish to file a counter affidavit in the matter in view of the directions I intend to pass.
¶3The defaulting company in this case is Lords & Knights Hospitality Services Private Ltd. (LKPL). According to the petitioner the name of LKPL was struck off from the Register of the Companies on account of failure to file financial statements and statutory returns.
3.1 Resultantly, the petitioner along with other two persons who were appointed as Directors on the Board of LKPL attracted disqualification.
3.2 The list of disqualified directors which is appended at page 16 of the paper book shows the name of the petitioner and the other two directors i.e. Mr. Gagnish Arora and Mr. Tapan Thakur.
W.P.(C) 4601/2018
¶4Counsel for the petitioner states that Mr. Gagnish Arora has resigned from LKPL and that Mr. Tapan Thakur had expired. Unfortunately, neither the resignation nor the death certificate has been placed on record.
¶5Given these circumstances, Mr. Bhardwaj states that matter could be remitted to the ROC for necessary enquiry.
5.1 I tend to agree with submission made by Mr. Bhardwaj.
¶6Accordingly, the writ petition is disposed of with the following directions:
i) The petitioner will appear before the ROC on 10th May, 2018 at 11.00 am.
ii) Upon the petitioner producing the resignation letter and the death certificate pertaining to persons referred to above, the ROC will consider the request of the petitioner for excluding his name from the impugned list of disqualified directors.
iii) Furthermore, if a request is made for activation of DIN and DSC, the same will also be considered by the ROC. The ROC will pass a speaking order; a copy of which will be furnished to the petitioner. In case, the petitioner is aggrieved, he will have liberty to assail the same in the manner known to law.
¶7The writ petition, along with all pending applications, is disposed of in the aforementioned terms.
¶8Dasti under signatures of the Court Master.
MAY 01, 2018/ak W.P.(C) 4601/2018
* + W.P.(C) 4512/2018
KAPIL GARG
..... Petitioner
Through: Ms. Sima Gulati with Ms. Ridhima Gulati &
Ms. Revati Gulati, Advs.
UNION OF INDIA AND ANR.
..... Respondents
Through: Mr. B.S.Shukla, CGSC for R-1 & 2.
%
01.05.2018 CM APP No. 17340/2018
¶1Issue notice.
¶2Mr. B.S.Shukla, learned counsel accepts notice on behalf of the official respondents. Mr. Shukla states that he does not wish to file a reply in the matter in view of the directions I intend to pass. The record shows that the petitioner had approached this Court in the first instance by way of writ petition bearing No.11709/2017. This petition was disposed of by order dated 2nd January, 2018. By virtue of the said order, the ROC was directed to carry out an enquiry as to whether the petitioner had acted as a director since 28.11.2011 qua the subject company.
3.1 To be noted, it was the petitioner"s stand that he had resigned from the subject company on 28.11.2011 and that he had transferred his shares in favour of one, Mr. P.K. Jain, the husband of Ms. Shriya Jain, the person who was appointed as a Director on the Board of the subject company.
¶4A perusal of the impugned order shows that the ROC did not call W.P.(C) 4512/2018
upon Ms. Shriya Jain to give her version of events while ascertaining as to whether or not the petitioner had acted as Director of the subject company after 28.11.2011.
4.1 The ROC, in my opinion, given the circumstances obtaining in the case ought to have called upon Ms. Shriya Jain to explain her stand in the matter.
¶5Given these circumstances, the impugned order is set aside. The matter is remanded to the ROC for a fresh enquiry.
¶6At this stage, learned counsel for the petitioner states that the petitioner is a Director on the Board of other companies which are active and fully functional and the continued inclusion of the petitioner"s name in the list of disqualified directors is impacting his functionality qua such companies. For this purpose my attention is drawn to Annexure B. Unfortunately, the master data of companies referred to in Annexure B has not been placed before the Court.
6.1 Therefore, in case the petitioner files an affidavit with the ROC bringing to light this fact, the ROC will be authorized to activate the DIN and DSC of the petitioner after he has ascertained the correct facts qua this aspect of the matter.
6.2 The petition is disposed of in the aforesaid terms.
¶7Dasti under signatures of the Court Master.
MAY 01, 2018/ak W.P.(C) 4512/2018
* + W.P.(C) 4503/2018
M/S RAMESH CHAND GUPTA AND SONS ..... Petitioners
Through: Mr. Pardeep Gupta with Mr. Parinav Gupta, Advs.
GOVERNMENT OF NCT OF DELHI AND ORS. ..... Respondents
Through: Mr. Ramesh Singh, Standing counsel
with Mr. Chirayu Jain, Adv.
%
01.05.2018 CM Appl.No.17308 & 17309/2018(exemption)
¶1Exemption allowed, subject to all just exceptions.
¶2Applications stand disposed of. W.P.(C) 4503/2018 & CM Appl.No.17310/2018
¶3Mr. Pardeep Gupta who appears for the petitioners seeks leave to withdraw the captioned writ petition and the application with liberty to challenge the cancellation order which the respondents have passed in the meanwhile. It is to be noted this writ petition had been filed to quash the suspension order.
¶4The petition is dismissed as withdrawn with liberty as prayed for.
¶5Dasti.
MAY 01, 2018/ak * + W.P.(C) 3358/2018
SHAQIQ MOHD KHAN AND ANR
..... Petitioners
Through: Mr. Saurabh Kalia, Adv.
UNION OF INDIA AND ANR
..... Respondents
Through: Ms. Amrita Prakash, CGSC.
%
01.05.2018 CM APP No.17291/2018
¶1Issue notice.
¶2Ms. Amrita Prakash, learned counsel accepts notice on behalf of the respondents. Mr. Prakash states that she does not oppose the prayer made in the application. The substantive prayer made in the application is as follows: "A. Allow the instant application by granting 15 days' time to the Petitioners/Applicants in order to comply with the directions of this Hon'ble Court in its order dated
06.04.2018;"
¶3For the reasons given in this application, time is granted to the applicant/petitioner no.1 to comply with the directions contained in the order dated 6.4.2018 till 15th May, 2018.
¶4The application is disposed of in the aforesaid terms.
¶5Dasti under signatures of the Court Master.
MAY 01, 2018/ak * + W.P.(C) 2995/2018
MANOJ KUMAR AND ANR
..... Petitioners
Through:
UNION OF INDIA AND ORS
..... Respondents
Through: Mr. Ripu Daman Bhardwaj with Mr. Brajesh Kumar, Advs. for R-1 & 2.
%
01.05.2018
CM APP No.17268/2018
¶1There is no appearance on behalf of the applicants/petitioners. The application made seeks only extension of time for deposit of FDR with the Registrar General of this court.
¶2Mr. Ripu Daman Bhardwaj, learned counsel for the respondents, says he has no objection to the prayer made in the application. The substantive prayer made in the application is as follows:-
"a) extend the time granted for deposit the said FDR with
Registrar of High Court in the interest of justice;"
¶3Accordingly, the prayer made in the application is allowed.
¶4The applicants/petitioners are given time till 15th May, 2018 to deposit the FDR with the Registrar General of this Court. The application is disposed of accordingly.
¶5Dasti under signatures of the Court Master.
MAY 01, 2018/ak * + W.P.(C) 2901/2018
AKASH GOEL & ANR
..... Petitioners
Through: Mr. Sougat Sinha, Adv.
UNION OF INDIA & ORS
..... Respondents
Through: Mr. Vinod Diwakar, CGSC for R-1 & 2.
%
01.05.2018 CM APP No. 17415/2018
¶1Issue notice.
¶2Mr. Vinod Diwakar, learned counsel accepts notice on behalf of the official respondents.
¶3This is an application which seeks extension of time to comply with the order dated 23rd March, 2018. The substantive prayer made in the application is as follows: "a) Pass an order to allow time to the petitioner to do the compliance of order dated 23.03.2018 by 7th May, 2018 or any other period as this Hon'ble Court may deem fit"
¶4For the reasons given therein the prayer made is allowed. The application is disposed of accordingly.
¶5Dasti under signatures of the Court Master.
MAY 01, 2018/ak * + W.P.(C) 2484/2018
LUBNA SADAF & ANR
..... Petitioners
Through: Mr. Siddhanth Shankar, Adv.
UNION OF INDIA & ANR
..... Respondents
Through: Mr. B.S.Shukla, CGSC.
%
01.05.2018 CM APP No. 17298/2018
¶1Issue notice.
¶2Mr. B.S.Shukla, learned CGSC accepts notice at the request of the Court, on behalf of the official respondents.
¶3This is an application which, in effects, seeks condonation of delay in complying with the order dated 22nd March, 2018. The substantive prayer made in the application is as follows: "a) Condone the delay of 19 days in depositing the FDR of an amount of Rs.30,000/-, with the Registry of this Hon'ble Court, on behalf of the petitioners, in terms of order dated 22nd March, 2018; and"
¶4For the reasons given therein the prayer made is allowed. The application is disposed of accordingly.
¶5Dasti under signatures of the Court Master.
MAY 01, 2018/ak * + W.P.(C) 1485/2018
RAHUL GOEL & ANR
..... Petitioners
Through: Mr. Amit Bhagat, Adv.
UNION OF INDIA & ANR
..... Respondents
Through: Mr. Vijay Joshi, Sr. Adv. with Mr. Anil Dabas, Adv.
%
01.05.2018 CM APP No. 17408/2018
¶1This is an application which, in effect, seeks modification of the order dated 16.2.2018, passed by Hon"ble Mr. Justice Vibhu Bakhru.
¶2Place the matter before the same Bench, subject to the orders of the Hon"ble Acting Chief Justice on 3rd May, 2018.
¶3Dasti under signatures of the Court Master.
MAY 01, 2018 ak * + W.P.(C) 9799/2017
ASHIM SARAF & ORS
..... Petitioners
Through: Ms. Reena Choudhary, Adv.
UNION OF INDIA & ANR
..... Respondents
Through: Mr. Ajay Digpaul, CGSC with Ms. Madhuri Dhingra, Adv.
%
01.05.2018 CM APP No. 17352/2018
¶1Issue notice.
¶2Mr. Ajay Digpaul, learned CGSC accepts notice on behalf of the official respondents. Mr. Digpaul states that he does not oppose the prayer made in the application. The substantive prayer made in the application is as follows: "a) Pass an order/direction permitting the Petitioners to make the deposits with the Registry of this Hon'ble Court in the form of FDRs in compliance with its order dated 22.03.2018, within a period of one day from the date of receipt of this Hon'ble Court's order in the present Application."
¶3For the reasons given therein the prayer made is allowed. The application is disposed of accordingly.
¶4Dasti under signatures of the Court Master.
MAY 01, 2018 ak * + W.P.(C) 5653/2015, CM APP No. 10179/2015
M/S SURYA PHARMACEUTICAL LIMITED ..... Petitioner
Through: Ms. Shikha Sapra, with Mr. Abhinav Jain, Advs.
UNION OF INDIA AND ANR.
..... Respondents
Through: Mr. Anurag Ahluwalia, CGSC with
Mr. Abhigyan Siddhant, Adv.
%
01.05.2018
¶1Learned counsel for the petitioner says that she has not received any instructions from the petitioner despite having sent several communications in that behalf. Consequently, the petitioner seeks discharge. Let an application be moved in that behalf. The application will be accompanied by communication(s) sent to the petitioner in that regard.
¶2In the meanwhile, issue Court notice to the petitioner.
¶3Renotify the matter on 16th November, 2018.
MAY 01, 2018 ak * + W.P.(C) 4532/2018
ARUN KAPOOR
..... Petitioner
Through: Mr. Kumar Dev Sharma with Mr. Mani Dev Sharma, Advs.
UNION OF INDIA AND ANR.
..... Respondents
Through: Mr. Dev P.Bhardwaj, CGSC with Mr. Kanishk Arora & Ms. Anubha Bhardwaj, Advs. for R-1 & 2.
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01.05.2018 CM APP No.17521/2018
¶1Learned counsel for the petitioner states that the defaulting company i.e. Tarz Support Services Private Ltd. had on its Board two Directors i.e. the writ petitioner herein (Mr. Arun Kapoor) and another person by the name of Mr. Sachin Dev Sharma.
¶2Learned counsel for the petitioner states that after Mr. Sachin Dev Sharma took steps to avail of the benefit of the CODS-2018 his name was removed from the impugned list of disqualified directors. It is stated that insofar as the petitioner is concerned, his name has not been excluded from the said list.
¶3Mr. Kanishk who appears for the official respondents states that he will obtain instructions in the matter.
¶4List on 4th May, 2018.
MAY 01, 2018/ak * + W.P.(C) 4527/2018
MAYA CAROLI
..... Petitioner
Through: Mr. Vivek Malik with Mr. Dhawal Jain, Advs.
UNION OF INDIA AND ORS.
..... Respondents
Through: Mr. Rajesh Kumar Gogna, CGSC for R-1 & 2.
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01.05.2018 CM APP No.17512/2018(exemption)
¶1Exemption allowed, subject to all just exceptions.
¶2Application stands disposed of. W.P.(C) 4527/2018 & CM APP No.17511/2018
¶3Issue notice.
¶4Mr. Rajesh Kumar Gogna, learned counsel accepts notice on behalf of the official respondents. In view of the order, I propose to pass the order Mr. Gogna states that he does not wish to file a counter affidavit in the matter.
¶5The petitioner claims to have been appointed as the director on the Board of Dynagro (India) Private Ltd. and Gummi Metall Technik (India) Private Ltd. [in short "GMT India"].
W.P.(C) 4527/2018
It is the assertion of the petitioner that while her name has been put in the list of disqualified directors for financial year 2012-2014 by the ROC in exercise of powers under Section 164(2)(a), Companies Act, 2013, the subject company i.e. GMT (India) continues to be shown as an active and fully functional entity.
5.1 For this purpose my attention has been drawn to page 37 of the paper book.
¶6Learned counsel for the petitioner states that insofar as GMT (India) is concerned, there is dispute with regard to management of the same which is pending adjudication, at present, now before this Court in the form of an appeal, numbered as : Co.A(SB)38/2012.
6.1 As a matter of fact, my attention has also been drawn in this behalf to the assertions made in para 7 at page 11 of the writ petition.
¶7Having regard to the aforesaid facts and circumstances and the assertions made in the writ petition, the writ petition is disposed of with the following directions:-
i) The petitioner will appear on her own or via her authorized representative before the ROC on 10th May, 2018 at 11.00 am.
ii) The ROC, after having the petitioner and/or her authorized representative will pass the speaking order.
iii) The ROC, will ascertain as to whether the claim made by the petitioner that there obtains a management dispute is correct or not.
iv) The ROC, will also rule as to whether in these circumstances and, especially, given the fact that GMT (India) is shown as an W.P.(C) 4527/2018
active and fully functional company, the petitioner"s name ought to be included in the list of disqualified directors.
v) Pending conclusion of the aforesaid enquiry insofar as the petitioner is concerned, the operation of list of disqualified directors will remain stayed. Furthermore, the petitioner"s DIN and DSC will be re-activated by the ROC. It is further made clear that the ROC will have the authority to vary or withdraw the facility if the situation so demands.
¶8Accordingly the all pending applications shall stand closed.
¶9Dasti under signatures of the Court Master.
MAY 01, 2018/ak
W.P.(C) 4527/2018
* + W.P.(C) 4525/2018, CM APP Nos.17499-500/2018
PRAVEEN GUPTA & ANR
..... Petitioners
Through: Mr.K.B.Soni, Adv.
UNION OF INDIA & ANR
..... Respondents
Through: Mr. Gaugang Kanth, CGSC
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01.05.2018
¶1After some arguments, learned counsel for the petitioners seeks to withdraw the petition with liberty to take recourse to an appropriate remedy vis-a-vis defaulting company i.e. Ganapati Shelters Private Ltd.
¶2The petition is dismissed as withdrawn with liberty as prayed for.
MAY 01, 2018 ak * + W.P.(C) 4412/2018, CM APP Nos.17130-17132/2018
ANIL KUMAR BAJAJ
..... Petitioner
Through: Mr. Siddharth Mehta, Adv.
UNION OF INDIA & ANR
..... Respondents
Through: Mr. Vivek Goyal, CGSC with Mr. Harsh Pandit, Adv. for R-1 & 2.
%
01.05.2018 CM APP No.17131/2018
¶1Issue notice.
¶2Mr. Vivek Goyal, learned CGSC accepts notice on behalf of the official respondents. The substantive prayer made in the application is as follows: "(a) Allow the Petitioners herein to file their returns under the Condonation of Delay Scheme, 2018 till 10th May 2018."
¶3For the reasons given in the application, the prayer made therein is allowed. The applicant/petitioner will comply with the directions contained in the order by 15th May, 2018. The application is disposed of accordingly.
¶4Dasti under signatures of the Court Master.
MAY 01, 2018/ak * + W.P.(C) 4036/2018
OUR LADY OF HEALTH VAILANKANNI SOUTH INDIAN
BHAJANA SABHA
..... Petitioner
Through: Ms. Harpreet Kaur & Mr. Alakh Alok Srivastava, Advs.
UNION OF INDIA AND ORS.
..... Respondents
Through: Mr. Gigi C. George with Mr. Amit Dogra, Advs. for R-1 & 2.
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01.05.2018 CM APP No. 17497/2018
¶1This is an application seeking leave to withdraw the writ petition with liberty to file a fresh writ petition.
¶2Learned counsel for the petitioner states that an eviction order has been passed which needs to be challenged. Accordingly, the application is allowed. W.P.(C) 4036/2018
¶3The petition is dismissed as withdrawn with liberty as prayed for.
MAY 01, 2018/ak * + W.P.(C) 3602/2018
NARENDRA KUMAR
..... Petitioner
Through: Mr. Anshuman Sahni, Adv.
UNION OF INDIA & ORS
..... Respondents
Through: Ms. Shiva Lakshmi, CGSC with Mr. Sidhant Singh, Adv.
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01.05.2018 CM APP No. 17641/2018
¶1Issue notice.
¶2Ms. Shiva Lakshmi, learned CGSC accepts notice on behalf of the official respondents. The counsel states that she does not wish to file a reply to the application. The substantive prayer made in the application is as follows: "a) Allow the application in favour of the petitioner and extend the time to comply with Order dated 13.4.2018 and direct the Registrar General to accept the Demand Draft No.309485 dated 25.04.2018 on behalf of Lancers Security Solutions Pvt. Ltd. in pursuance of Order dated 13.04.2018."
¶3For the reasons given in the application, the prayer made therein is allowed. The applicant/petitioner will comply with the directions contained in order dated 13th April, 2018 on or before 15th May, 2018. The application is disposed of accordingly.
¶4Dasti under signatures of the Court Master.
MAY 01, 2018/ak * + W.P.(C) 3022/2018
KUMAR SAMAR & ANR
..... Petitioners
Through: Counsel for the petitioner.
(Appearance not given)
REGISTRAR OF COMPANIES & ORS ..... Respondents
Through: Mr. Bhagvan Swarup Shukla, CGSC
with Mr. Kamaldeep, Adv.
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01.05.2018 CM APP No. 17222/2018
¶1Issue notice.
¶2Mr. Bhagvan Swarup Shukla, learned CGSC, accepts notice at the request of the Court, on behalf of the official respondents. The substantive prayers made in the application are as follows: "(a) Condone the delay of 20 days in Complying with order dated 23.03.2018 of Hon'ble Court
(b) Grant one-week time to the Applicants/Petitioners to submit FDR and to avail the benefit of Condonation of Delay Scheme, 2018."
¶3For the reasons given in the application, the prayers (a) and (b) are allowed. The applicants/petitioners are given time till 8th May, 2018 to comply with the directions issued by this Court for deposit of FDR and to avail of the benefit of CODS-2018 The application is disposed of accordingly.
¶4Dasti under signatures of the Court Master.
MAY 01, 2018/ak * + W.P.(C) 2997/2018
DHANENDRA KUMAR JAIN AND ANR ..... Petitioners
Through: Mr. Aditya Nayyar with Mr. Sahil Gupta &
Mr. Hetish Raj Singh, Advs.
UNION OF INDIA AND ORS
..... Respondents
Through: Mr. Ripu Daman Bhardwaj with Mr. Brajesh Kumar, Advs. for R-1 & 2.
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01.05.2018 CM APP No. 17503/2018
¶1Issue notice.
¶2Mr. Ripu Daman Bhardwaj, learned counsel accepts notice on behalf of the official respondents. Mr. Bhardwaj states that he does not wish to file a reply. The substantive prayer made in the application is as follows: "a) extend the time granted for deposit the said FDR with Registrar of High Court in the interest of justice."
¶3For the reasons given in the application, the prayer made therein is allowed. The applicants/petitioners are given time till 15th May, 2018 to place on record the FDR in terms of the directions issued by this Court. The application is disposed of accordingly.
¶4Dasti under signatures of the Court Master.
MAY 01, 2018/ak * + W.P.(C) 2996/2018
PRADEEP DALMIA AND ANR
..... Petitioners
Through: Mr. Aditya Nayyar with Mr. Sahil Gupta &
Mr. Hetish Raj Singh, Advs.
UNION OF INDIA AND ORS
..... Respondents
Through: Mr. Ripu Daman Bhardwaj with Mr. Brajesh Kumar, Advs. for R-1 & 2.
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01.05.2018 CM APP No. 17496/2018
¶1Issue notice.
¶2Mr. Ripu Daman Bhardwaj, learned counsel accepts notice on behalf of the official respondents. Mr. Bhardwaj states that he does not wish to file a reply. The substantive prayer made in the application is as follows: a) extend the time granted for deposit the said FDR with Registrar of High Court in the interest of justice;
¶3For the reasons given in the application, the prayer made therein is allowed. The applicants/petitioners are given time till 15th May, 2018 to place on record the FDR in terms of the directions issued by this Court. The application is disposed of accordingly.
¶4Dasti under signatures of the Court Master.
MAY 01, 2018/ak * + W.P.(C) 2959/2018
HARPREET SINGH CHHABBA
..... Petitioner
Through: Mr. Gursat Singh, Adv.
UNION OF INDIA AND ANR.
..... Respondents
Through: Mr. Ajay Digpaul with Ms. Madhuri Dhingra, Advs.
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01.05.2018 CM APP No. 17667/2018
¶1Issue notice.
¶2Mr. Ajay Digpaul, learned counsel accepts notice on behalf of the official respondents. Mr. Digpaul states that he does not wish to file a reply. The substantive prayer made in the application is as follows: "a) Delay of 20 days in depositing the amount as per the order dated 23.03.2018 in the form of Fixed Deposit Receipt is condoned and the Fixed Deposit Receipt along with calculation sheet is taken on record."
¶3For the reasons given in the application, the prayer made therein is allowed. The application is disposed of accordingly.
¶4The original FDRs along with the calculation sheet will be taken on record by the Registry.
¶5Dasti under signatures of the Court Master.
MAY 01, 2018/ak * + W.P.(C) 1478/2018
KAMINI DHUPAR AND ANR
..... Petitioners
Through: Mr. Awnish Kumar, Adv.
UNION OF INDIA AND ORS.
..... Respondents
Through: Mr. Jitesh Vikram Srivastava, Adv.
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01.05.2018 CM APP No. No.17665/2018
¶1Mr.Awnish Kumar, learned counsel for the petitioners seeks short accommodation to file an additional affidavit with regard to whether or not the third director on the Board of the subject company has accorded consent to avail of benefit of CODS-2018.
¶2At request, renotify the matter on 8th May, 2018.
MAY 01, 2018 ak * + W.P.(C) 4617/2018
MAHENDRA SURANA & ORS
..... Petitioners Through: Ms. Arunima Dwivedi with Ms. Preeti Kumra and Mr. Raj Rishi, Advocates.
UNION OF INDIA AND ANR
..... Respondents Through: Mr. B.S. Shukla, CGSC and Mr. Kamaldeep, Advocate for R-1 & 2.
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01.05.2018
¶1The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶2In this matter, I am informed by the learned counsel for the official respondents 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.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: Aptive IT Solutions Private Limited (hereinafter referred to as "Company"). 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.
¶4Counsel for writ petitioner(s) is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶5Accordingly, 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 in consonance with Division Bench-I order dated 27.04.2018, passed in W.P. (C) 4481/2018, titled: Rajesh Choudhary v. Union Of India and Anr.
(iv) The writ petitioner will deposit, if not deposited already, a 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.
¶6Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶7The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union f India and Ors.
¶8Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶9Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶10Pending application(s), if any, shall stand closed.
¶11It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶12Dasti under signatures of the Court master.
MAY 01, 2018 * + W.P.(C) 4610/2018
MUKESH GARG AND ANR
..... Petitioners Through: Mr. Manmohan Shringirishi, Advocate.
UNION OF INDIA
..... Respondent
Through: Ms. Amrita Prakash, CGSC for UOI.
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01.05.2018
¶2Issue notice. Ms. Amrita Prakash, CGSC accepts notice on behalf of the official respondents.
¶3Learned counsel for the petitioners, says that he wishes to approach the NCLT for reviving company by the name: SRG Propmart Private Limited (hereinafter referred to as "Company").
¶4To be noted, the Company was struck off from the Register of Companies by the ROC upon its failure to file the requisite financial statements and returns. The petitioners, I am told, were appointed as Directors on the Board of the Company.
¶5In view of the fact that the petitioners have approached the NCLT to revive the Company in consonance with the provisions of Section 252 of the Companies Act, 2013, the learned counsel for the official respondents submits that the ROC will not oppose the revival.
¶6To be noted, the captioned Writ petition was filed on the day the Condonation of Delay Scheme, 2018 ("Scheme") was to expire. Therefore, this writ petition is disposed of with the direction that pending the decision in the appeal, there would be a stay on the operation of the list of disqualified directors insofar as it concerns the petitioners herein. Furthermore, the respondents will also activate the DIN and DSC of the petitioners.
¶7Needless to say if the petitioners fail in persuading the NCLT to revive the Company, the stay on the operation of the list of disqualified directors, insofar as it concerns the petitioners, would stand dissolved automatically with necessary consequences.
¶8Dasti under signatures of the Court master.
MAY 01, 2018 cks * + W.P.(C) 4611/2018
CHURCHIT SADH AND ANR
..... Petitioners Through: Mr. Siddharth Sharma and Ms. Charu Tyagi, Advocates.
UNION OF INDIA AND ANR
..... Respondents Through: Mr. Abhay Prakash Sahay, CGSC with Mr. A. Kumar, Advocate for UOI.
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01.05.2018
¶1The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶2In this matter, I am informed by Mr. Abhay Prakash Sahay, CGSC 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.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: Churchit International Private Limited (hereinafter referred to as "Company"). The petitioners state that the Company was not carrying out business, and that they were planning to liquidate the Company. 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.
¶4Counsel for writ petitioner(s) is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶5Accordingly, 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 in consonance with Division Bench-I order dated 27.04.2018, passed in W.P. (C) 4481/2018, titled: Rajesh Choudhary v. Union Of India and Anr.
(iv) The writ petitioner will deposit, if not deposited already, a 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.
¶6Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶7The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union f India and Ors.
¶8Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶9Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶10Pending application(s), if any, shall stand closed.
¶11It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶12Dasti under signatures of the Court master.
MAY 01, 2018 * + W.P.(C) 4612/2018
MR. KUNAL JAIDKA AND ANR
..... Petitioners
Through: Mr. Hetish Raj Singh, Advocates.
UNION OF INDIA AND ANR
..... Respondents Through: Mr. B.S. Shukla, CGSC and Mr. Kamaldeep, Advocate for UOI.
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01.05.2018
C.M. NO.17820/2018(Exemption)
¶1Allowed, subject to just exceptions. WP(C) No. 4612/2018
¶2The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶3In this matter, I am informed by the learned counsel for the official respondents 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.
¶4The petitioners claim that they were appointed as Directors on the Board of company by the name: Land Kraft Consulting Private Limited (hereinafter referred to as "Company"). 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.
¶5Counsel for writ petitioner(s) is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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 in consonance with Division Bench-I order dated 27.04.2018, passed in W.P. (C) 4481/2018, titled: Rajesh Choudhary v. Union Of India and Anr.
(iv) The writ petitioner will deposit, if not deposited already, a 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.
¶7Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶8The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union f India and Ors.
¶9Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶10Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶11Pending application(s), if any, shall stand closed.
¶12It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶13Dasti under signatures of the Court master.
MAY 01, 2018 * + W.P.(C) 4605/2018
SANDEEP KANSAL
..... Petitioner
Through: Mr. Mohit Gupta, Advocate.
UNION OF INDIA
..... Respondent Through: Mr. Anil Soni, CGSC with Mr. Abhinav Tyagi, Advocate for R-1,2 &
3.
%
01.05.2018
¶1The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶2In this matter, I am informed by Mr. Anil Soni, CGSC 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.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: Alpine Advanced Education Private Limited (hereinafter referred to as "Company"). The petitioners state that the Company had not carried out any business since incorporation. 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.
¶4Counsel for writ petitioner(s) is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶5Accordingly, 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 in consonance with Division Bench-I order dated 27.04.2018, passed in W.P. (C) 4481/2018, titled: Rajesh Choudhary v. Union Of India and Anr.
(iv) The writ petitioner will deposit, if not deposited already, a 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.
¶6Liberty, however, is given both to the petitioner(s) and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶7The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union f India and Ors.
¶8Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶9Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶10Pending application(s), if any, shall stand closed.
¶11It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶12Dasti under signatures of the Court master.
MAY 01, 2018 cks * + W.P.(C) 5292/2014
SNEH LATA JAIN & ORS.
... Petitioners
Through: Mr. Rajeshwar Kr. Gupta, Advocate.
UNION OF INDIA & ANR.
..... Respondents Through: Ms. Monika Arora, CGSC for UOI. Mr. Sanjay Dewan and Ms. Palak, Advocates for R-2. Mr. Rahul Sharma and Mr. C.K. Bhatt, Advocates for GNCTD.
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01.05.2018
¶1Learned counsel for the petitioners seeks accommodation. The request is not opposed by Ms. Arora, who appears for respondents.
¶2Renotify the matter on 8.10.2018.
MAY 01, 2018 Cks * + W.P.(C) 4607/2018
SURAN SINGH AND ORS
..... Petitioners
Through: Ms. Anupradha Singh, Advocate.
PUBLIC WORKS DEPARTMENT AND ORS. ..... Respondents Through: Mr. Anuj Aggarwal, ASC/GNCTD and Ms. Deboshree Mukherjee, Advocate for R-1, 3 & 4. Mr. Parvinder Chauhan and Mr. Nitin Jain, Advocates for R-2/DUSIB.
Mr. B.S. Shukla, CGSC with Mr. Kamaldeep, Advocate for UOI.
%
01.05.2018
¶1Ms. Anupradha Singh, who appears for petitioners, claims that the petitioners, who are living in hutments in the subject area have been residing there, for nearly 40 years. It is stated that the impugned order of eviction has been passed contrary to the judgments of this Court rendered in Sudama Singh v. Govt. of Delhi, (2010 SCC OnLine Del) and PK Paul v. Estates Officer & Anr., (2010 SCC OnLine Del 4207).
¶2This apart, counsel for the petitioners says that very short time have been given to evacuate from the subject area.
¶3Mr. Chauhan, who appears for respondent no.2/DUSIB, says that the said respondent has no intimation with regard to the impugned action being taken by respondent no.1/PWD.
¶4Issue notice.
4.1 Mr. Anuj Aggarwal, accepts notice for respondent no.1/PWD.
4.2 Likewise, Mr. Shukla, accepts notice for respondent no.3 & 4.
¶5Counter affidavit(s) be filed within two weeks from today.
¶6Rejoinder, thereto, if any, be filed before the next date of hearing.
¶7Respondents will maintain status-quo as to the possession vis-a-vis the petitioners till further orders are passed in the matter.
¶8Renotify the matter on 17.8.2018.
¶9Dasti under the signatures of the Court Master.
MAY 01, 2018 cks * + W.P.(C) 4613/2018
MR. VINOD GOYAL
..... Petitioners
Through: Mr. Hetish Raj Singh, Advocates.
UNION OF INDIA AND ANR
..... Respondents Through: Mr. Gigi C. George, Sr. Panel Counsel for R-1 & 2.
%
01.05.2018
¶1Counsel for the petitioner seeks accommodation to file an affidavit of other directors on the Board of the defaulting company.
¶2At request, renotify the matter on 8.05.2018.
MAY 01, 2018 cks * + W.P.(C) 4614/2018
PENGYU DONG & ANR
..... Petitioners Through: Ms. Arunima Dwivedi and Ms. Preeti Kumra, Advocates.
UNION OF INDIA AND ANR
..... Respondents Through: Mr. B.S. Shukla, CGSC and Mr. Kamaldeep, Advocate for R-1 & 2.
%
01.05.2018
¶1Counsel for the petitioner seeks accommodation to file an affidavit.
¶2At request renotify the matter on 8.5.2018.
MAY 01, 2018 cks * + W.P.(C) 3883/2017
UNITY-TRIVENI-BCPL (JV)
..... Petitioner Through: Ms. Kiran Suri, Sr. Advocate with Mr. Hitendra Nath Rathi, Advocate.
RAIL VIKAS NIGAM LTD.
..... Respondent
Through: Mr. Udit Seth, Advocate.
%
01.05.2018
¶1At request, renotify the matter on 16.8.2018.
MAY 01, 2018 cks * + W.P.(C) 7454/2012
JOERG BOETHLING
..... Petitioner Through: Ms. Sharmila Upadhyay, Mr. Rajesh, Mr. Rajeev and Ms. Meenakshi Rawat, Advocates.
UNION OF INDIA AND ANR
..... Respondents Through: Ms. Varsha Poddar, Advocate for R-
¶1Mr. Kirtiman Singh, CGSC.
%
01.05.2018
¶1No time left.
¶2It is already 4.55 PM.
¶3To be noted Mr. Kirtiman Singh says that he will file an additional affidavit.
¶4Rejoinder thereto, if any, be filed before the next date of hearing.
¶5Renotify the matter on 15.11.2018.
MAY 01, 2018 cks * + W.P.(C) 3451/2014 DI SPUN PIPE RESEARCH AND DEVELOPMENT ASSOCIATION AND ANR
..... Petitioners Through: Mr. Aakash Bajaj and Mr. Bharat Gupta, Advocates.
BUREAU OF INDIAN STANDARD AND ORS ..... Respondents Through: Mr. Samraat Singh, Advocate for R-1. Mr. Arun Bhardwaj, Advocate for R-2 & 3.
%
01.05.2018
¶1Counsel for the petitioners says that rejoinder was filed, today, with the registry vide Diary No.13398.
¶2A copy of the same has been furnished to the counsel for the respondents.
¶3At request, renotify the matter on 20.11.2018.
MAY 01, 2018 cks * + W.P.(C) 2588/2015
VIJAY KUMAR SHARMA
..... Petitioner Through: Mr. A.N. Singh, Mr. A.K. Mishra, Mr. B.N. Mishra and Mr. S.K. Mishra, Advocates.
UNION OF INDIA & ORS
..... Respondents Through: Mrs. Suparna Srivastava, CGSC with Mr. Tushar Mathur and Ms. Sanjna Dua, Advocates for R-1 & 2.
Ms. Meenakshi Singh, Advocate for R-3.
%
01.05.2018
¶1Counsel for the petitioner says that since the petitioner has received the money, he has instructions not to press the writ petition.
¶2The writ petition is, accordingly, dismissed as not pressed, in view of the above submission made by the counsel for the petitioner.
MAY 01, 2018 cks * + W.P.(C) 6523/2015
JHUGGI JHOMPRI EKTA MANCH (REGD.) & ANR..... Petitioners
Through: Counsel (appearance not given)
UNION OF INDIA AND ORS.
..... Respondents
Through: Counsel (appearance not given)
%
01.05.2018
¶1I am told that except for respondent no.7, the remaining respondents have not filed their counter affidavits. A perusal of the order dated 5.5.2017 would show that 4 weeks were granted to file the counter affidavits, failing which a sum of Rs.10,000/- each was to be paid as costs to the petitioner.
¶2Sadly, the counter affidavits have still not been filed. Since, the remaining respondents seek further time to file counter affidavits, they will pay additional costs of Rs.5000/- each. Let the needful be done within four weeks from today. If counter affidavits are not filed, the opportunity to file counter affidavit(s) shall stand closed.
¶3In any case, counter affidavits will not be taken on record unless proof of payment of costs is placed on record.
¶4The respondents will ensure that the costs are distributed pro rata amongst persons, whose names are given in the list of members in Annexure P-1 at page 38 of the paper book.
¶5Renotify the matter on 26.11.2018.
MAY 01, 2018 cks * + W.P.(C) 6738/2015
RAJNI SINGH
..... Petitioner
Through: Ms. Rajni Singh (petitioner in person)
UNION OF INDIA & ORS
..... Respondents Through: Mrs. Suparna Srivastava, CGSC with Mr. Tushar Mathur, Advocate for R1.
Mr. Siddharth Aggarwal and Ms. Rupali Samuel, Advocates for R-3 &
4.
%
01.05.2018
¶1No time left.
¶2It is already 5.00 PM.
¶3Renotify the matter on 11.10.2018.
MAY 01, 2018 cks * + W.P.(C) 7690/2015
DAL CHAND MEMORIAL EDUCATION SOCIETY
(R) & ANR
..... Petitioners
Through
UNION OF INDIA & ORS
..... Respondents Through: Mr. Gautam Narayan, ASC/GNCTD and Ms. Mahamaya Chatergee, Advocate.
%
01.05.2018
¶1There is no representation on behalf of the petitioners.
¶2Adverse orders are deferred.
¶3Renotify the matter on 27.11.2018.
¶4In the meanwhile, the petitioner will have liberty to file a rejoinder in the matter.
MAY 01, 2018 cks * + W.P.(C) 9562/2016
DHRUV FILMS
..... Petitioner Through: Mr. Sumit Chander and Mr. Jatin Choudhary, Advocates.
DD URDU DOORDARSHAN AND ORS ..... Respondents Through: Mr. Rajeev Sharma and Ms. Radhalakshmi, Advocates for R-1 &
¶2Ms. Arti Bansal and Mr. Ashutosh Nandan Atrey, Advocates.
%
01.05.2018
¶1Mr. Rajeev Sharma, who appears for respondent nos. 1 and 2, seeks further time to file a counter affidavit.
¶2The request is acceded to subject to payment of costs of Rs.5000/-. The counter affidavit will be filed within 2 weeks from today.
¶3Rejoinder thereto, if any, be filed before the next date of hearing.
¶4Renotify the matter on 28.11.2018.
MAY 01, 2018/cks * + W.P.(C) 10819/2016
UNION OF INDIA
..... Petitioner
Through: Dr. Indra Pratap Singh, Advocate.
MANISH KUMAR
..... Respondent
Through: None.
%
01.05.2018
¶1There is no appearance on behalf of the respondents.
¶2Adverse orders are deferred.
¶3Renotify the matter on 29.11.2018.
MAY 01, 2018 cks * + W.P.(C) 644/2017
JAGVIR SINGH
..... Petitioner Through: Mr. Vijay Kumar Singh, Proxy Counsel for Mr. Rajesh Kumar, Advocate.
DELHI MEDICAL COUNCIL & ORS
..... Respondents Through: Mr. Praveen Khattar, Advocate for R-1/DMC. Ms. Prabhsahay Kaur, Advocate for GNCTD.
%
01.05.2018
¶1Mr. Khattar, who appears for respondent no.1/DMC, seeks and is granted further 4 weeks time to file a counter affidavit.
¶2The request is acceded to subject to the payment of costs of Rs.5000/- to the petitioner.
¶3Ms. Kaur, who, now appears for respondents no.2 to 5, seeks further two weeks to file a counter affidavit as there was delay caused due to change in counsel.
¶4Counter affidavit, if any, be filed within 4 weeks from today.
¶5Renotify the matter on 30.11.2018.
MAY 01, 2018 cks * + W.P.(C) 1362/2017 ASSOCIATION FOR REHABILITATION UNDER NATIONAL TRUST INITIATIVE OF MARKETING
..... Petitioner Through: Mr. B.S. Shukla, CGSC with Mr. Kamaldeep, Advocate for R-1.
UNION OF INDIA AND ANR
..... Respondents Through: Ms. Aeweena Sharma and Ms. Shruti Pandey, Advocates for R-2.
%
01.05.2018
¶1Request for accommodation is made on behalf of counsel for the petitioner.
¶2The request is not opposed by the counsel for the respondents.
¶3Renotify the matter on 29.11.2018.
MAY 01, 2018 cks * + W.P.(C) 2328/2017
MANMEET SINGH GULATI
..... Petitioner
Through: Mr. Varun Mishra, Advocate.
FOREIGN INVESTMENT PROMOTION BOARD
(FIPB)
..... Respondent Through: Ms. Jyoti Dutt Sharma and Mr. C.K. Bhatt, Advocates for FIPB.
%
01.05.2018
¶1Counsel for the petitioner says that he will take steps to implead the Union of India as a party to the proceedings.
¶2To be noted, Union of India can be sued, in these proceedings, only through the Ministry of Finance and Ministry of Petroleum & Natural Gas, in view of the fact that FIPB has been dissolved.
¶3Let the needful be done within 4 weeks from today.
¶4Renotify the matter on 4.9.2018.
MAY 01, 2018 cks * + W.P.(C) 9109/2017
SNEHA SAWAI
..... Petitioner Through: Mr. Abir Phukan, Ms. Anitha Mathai Muthirenthy and Ms. Sonali Jain, Advocates.
RESERVE BANK OF INDIA & ORS
..... Respondents Through: Mr. K.S. Parihar and Mr. Kuldeep S. Parihar, Advocates for R-1.
%
01.05.2018
CM. APPL.39578/2017
¶1This is an application filed to seek review of the order dated
16.10.2017, passed by Hon"ble Ms. Justice Indermeet Kaur. Hon"ble Ms. Justice Indermeet Kaur has, since then, retired. It is the assertion of the petitioner that there are errors in the order dated 16.10.2017. It is contended in this behalf that certain factual assertions have not been correctly recorded.
¶2According to the petitioner, it was her case before the Court that her husband, one, Mr. Anshul Jain had forged her signatures on the loan documents issued by respondent no.2 and based on the forged documents, moneys were remitted by respondent no.2 to the petitioner"s salary account.
¶3The petitioner claims that these moneys were withdrawn by Mr. Anshul Jain and transferred to his own account.
3.1 In sum, the petitioner was aggrieved not only by the act of forgery but also by the fact that she could not be called upon to bear the burden of the liability owed to respondent no.2.
¶4The petitioner claims that a criminal complaint was lodged, once, this aspect was discovered.
¶5It is also the petitioner"s case that contrary to what has been recorded in the order dated 16.10.2017, she never held an account with respondent no.2.
¶6Mr. Parihar appears on behalf of respondent no.1/RBI.
¶7There is, however, no representation on behalf of respondent no.2.
¶8Given the aforementioned circumstances, the application is disposed of with the direction that the order dated 16.10.2017 will not come in the way of the criminal proceedings initiated by the petitioner or any other proceedings that she may take out against her husband i.e., Mr. Anshul Jain or, any other party.
¶9This direction is not opposed by Mr. Parihar. Learned counsel informs me that pursuant to the order dated 16.10.2017, the petitioner"s representation has been disposed of.
9.1 This fact is not disputed by learned counsel for the petitioner.
¶10Needless to say, the concerned court would frame its own view with regard to the assertions made by the petitioner before it.
MAY 01, 2018/cks * + W.P.(C) 3265/2018
BHARAT BHUSHAN KATARIA
..... Petitioner
Through: Ms. Aditi Kharpate, Advocate.
ANITA VASHISHT AND ANR.
..... Respondents Through: Mr. Jasmeet Singh, CGSC with Mr. Aditya Madaan, Advocate for R-2.
%
01.05.2018
¶1Counsels for the respondents seek and is granted four (4) weeks to file the counter affidavit.
¶2The petitioner"s counsel will ensure that the entire set of the paper book is furnished to the counsel for respondent no.1.
¶3Rejoinder thereto, if any, be filed before the next date of hearing.
¶4Interim order dated 5.4.2018 will continue to operate, in the meanwhile.
¶5Renotify the matter on 27.11.2018.
MAY 01, 2018 cks * + W.P.(C) 6874/2015 & C.M. Appl. No.12578/2015, 12579/2015 & 12330/2017
SIR SYYD EDUCATIONAL & SOCIAL WELFARE SOCIETY ..... Petitioner
Through Mr. Sabir Hussain, Adv.
MINISTRY OF URBAN DEVELOPMENT, NCT OF DELHI & ORS ..... Respondents Through Mr. Ankur Jain, Adv for DUSIB. Mr. G.D. Mishra, Standing Counsel for R-2/EDM.
%
02.05.2018 The petitioner claims to be an educational and social welfare society. It is the petitioner"s case that it is running a school and for that purpose, an application has been made to the Director of Education on 07.02.1999 for allotment of land. The petitioner avers that while other similarly circumstanced entities have been allotted land, the same treatment has not been meted out to it. In support of its submission, reliance is placed on the document marked Annexure P-31, at page 120 of the paper book. Mr. Ankur Jain, who, appears on behalf of DUSIB says that DUSIB came into existence only in 2004 and before that date, allotment of land for the said purpose, if at all, was made by DDA. It is also the contention of the counsel for DUSIB that at present, DUSIB has no policy in place for allotment of land. Having regard to the submissions advanced before me by the learned counsel for the petitioner, DUSIB is directed to file an affidavit placing its stand on record. In the affidavit, DUSIB will, inter alia, deal with the stand of the petitioner that since the application was made in 1999, why should land not be allotted to it as was done in the case of those entities whose names have been given in Annexure P-31. The affidavit will be filed within six weeks from today. Rejoinder thereto, if any, be filed before the next date of hearing. Renotify the matter on 12.11.2018.
MAY 02, 2018 A * + W.P.(C) 11723/2015
RAM AVTAR & ORS ..... Petitioners
Through Mr. Samrat Jasra, Adv.
GOVT. OF NCT OF DELHI & ORS ..... Respondents Through Mr. Gautam Narayan, ASC for GNCTD with Ms. Mahamaya Chatterjee, Adv.
Ms.Shiva Lakshmi, CGSC with Mr. Siddharth Singh, Advs for R-3 & R-4.
%
02.05.2018 Mr. Gautam Narayan, ASC says that he will furnish another copy of the counter affidavit. Rejoinder thereto, if any, be filed before the next date of hearing. In the meanwhile, respondents No. 3 & 4 will also file their counter affidavit within four weeks. Renotify the matter on 25.09.2018.
MAY 02, 2018 A * + W.P.(C) 7412/2016
PARAMJIT WALIA ..... Petitioner
Through Ms. Ankita Patnaik, Adv.
ORIENTAL BANK OF COMMERCE & ORS ..... Respondents Through Mr. Pranav Sharma, Adv for R-1 & R-4.
%
02.05.2018 C.M. Appl No.17861/2018 This is an application filed by the petitioner to bring certain additional facts on record. Learned counsel for the respondents seeks time to file a reply. Accordingly issue notice. Let reply be filed within four weeks. Rejoinder thereto, if any, be filed before the next date of hearing. Renotify the matter on 04.09.2018.
MAY 02, 2018 A * + W.P.(C) 534/2017 & C.M. Appl. No.2437/2017
M/S. CAPTAIN GUMAN SINGH & SONS & ORS. ..... Petitioners Through Ms. Kriti Malik and Mr. Faizi Saif, Advs.
M/S. INDIAN OIL CORPORATION ..... Respondent Through Mr. Divjyot Singh and Ms.Avsi Sharma, Advs
%
02.05.2018 Request for accommodation is made on behalf of counsel for the petitioner on the ground that he is in some personal difficulty. Request is not opposed by the learned counsel for the respondent. Accordingly, renotify the matter on 29.10.2018.
MAY 02, 2018 A *
+ W.P.(C) 2005/2017
BADAR SAMDHANI AND ORS
..... Petitioners
Through Mr. Molvi Aijaz Hussain, Adv.
GOVT OF NCT OF DELHI AND ORS ..... Respondents Through Mr. Devesh Singh, ASC with Ms. Shukriti, Adv for R-1, R-5 & R-7.
Ms. Deepika V.Marwaha and Ms. Raunika Johar, Advs for R-2.
Mr. Abhinav with Mr. Hashmat Nabi, Advs for R-6.
%
02.05.2018 C.M. Appl.................../2018 (to be numbered)
This is an application filed by respondent No.2 for condonation of delay in filing the counter affidavit. This application is not numbered. The Registry is directed to number the application. For the reasons stated in the application, delay in filing the counter affidavit is condoned. The Registry will, now, formally take on record the counter affidavit of respondent No.2.
2.1 A copy of the counter affidavit will be furnished to the petitioner.
In the meanwhile, the petitioner will be at liberty to file a rejoinder in the matter. Accordingly, the application is disposed of. W.P.(C) 2005/2017 Renotify the matter on 30.10.2018.
MAY 02, 2018 A * + W.P.(C) 5430/2017 & C.M. Appl. No.22861/2017
DR HEMANT TEWARI
..... Petitioner Through Mr. Abhijat, Mr. Maurya Vijay Chandra, Ms. Dakshaa Arora, Mr. Shaashwat Jindal, Mr.Kapil Kher and Mr. Abhishek Shukla, Advs.
MEDICAL COUNCIL OF INDIA AND ORS ..... Respondents Through Mr. Vikas Singh, Sr. Adv with Mr. T. Singhdev, Mr. Tarun Verma and Mr. Abhijit Chakrauvarty, Advocataes for MCI.
Mr.Abhishek Swaroop, Adv for R-2 & R-3.
Mr. Praveen Khattar with Mr. Bapi Das, Advs with Mr. Uppal, Assistant Secretary for DMS.
%
02.05.2018 Mr. Swaroop who appears for respondents No. 2 & 3 seeks and is granted two weeks time to file a counter affidavit. Rejoinder thereto, if any, be filed before the next date of hearing. Mr. Abhijat says that the additional affidavit has been placed on record. Renotify the matter on 05.07.2018.
MAY 02, 2018 A * + W.P.(C) 6145/2017 & C.M. Appl. No.25564/2017
NEVIN KISHORE ..... Petitioner
Through Mr.Kapil Kher, Adv.
MEDICAL COUNCIL OF INDIA & ORS ..... Respondents Through Mr. Vikas Singh, Sr. Adv with Mr. T. Singhdev, Mr. Tarun Verma and Mr. Abhijit Chakrauvarty, Advocataes for MCI. Mr. Praveen Khattar with Mr. Bapi Das, Advs with Mr. Uppal, Assistant Secretary for DMS. Mr.Abhishek Swaroop, Adv for R-3.
%
02.05.2018 Mr.Swaroop who appears for respondent No. 3 seeks and is granted two weeks time to file a counter affidavit. Rejoinder thereto, if any, be filed before the next date of hearing. Renotify the matter on 05.07.2018.
MAY 02, 2018 A * + W.P.(C) 2506/2018 & C.M. Appl. No.10404/2018
RAJ SINGH & ORS ..... Petitioners
Through Mr.Tushant, Advocate.
GOVT OF NCT OF DELHI ..... Respondent Through Mr. Anupam Srivastava, ASC with Ms. Shreya Mehta, Adv.
%
02.05.2018 The substantive prayers made in the writ petition are as follow:- "a. Admit the writ petition;
b. Pass a writ / order / direction in the nature of mandamus thereby directing the respondent not to take any action qua the property of the petitioners bearing no.F-335, khasra no.326 village Lado Sarai, New Delhi by demolishing the same, without affording opportunity of being heard;
On the previous date i.e. 16.03.2018 notice was issued in the petition and while issuing notice following order was passed:- " The petitioners' only apprehension is that coercive measures may be taken against the subject property without hearing them. Learned counsel for the petitioners says that if such a step is taken then it will be contrary to the order of the Division Bench dated
24.2.2015, passed in LPA No.694/2014.
¶3It appears that the petitioners have filed objections with the SDM/RA, Saket, New Delhi. A copy of the objections is appended as Annexure P-8 at page 76 of the paper book.
¶4Learned counsel for the petitioners says, albeit, based on the revenue record that petitioners are the owners of the property which is located in Khasra No.326, Village Lado Sarai, District Delhi. For this purpose, my attention has been drawn to Annexure P-2 at pages 31 to 34 of the paper book. The petitioners claim that their predecessor in interest is, one, Mr. Risal Singh, son of Mohar Chand.
¶5While entries in the revenue record do not establish title, the petitioners may have something to say qua the aspect concerning their right to be heard before any coercive measures are taken qua the subject property.
¶6Issue notice. Mr. Anupam Srivastava, ASC accepts notice on behalf of the respondent.
¶7Mr. Anupam will revert with instructions.
¶8Renotify the matter on 2.5.2018.
¶9In case the instructions are received to resist the petition, the counter affidavit will be filed before the next date of hearing.
¶10Till the next date of hearing, no coercive measure will be taken against the petitioners.
¶11Dasti." Mr. Anupam Srivastava, ASC who appears on behalf of the respondent has stated that a decision has been taken to grant personal hearing to the petitioners on 09.05.2018 at 11:00 AM. Copy of the affidavit has been placed before me. Petitioners" counsel has also been furnished a copy of the said notice which is dated 01.05.2018. In these circumstances, in my view, nothing survives in the petition as the limited prayer of the petitioners is that they be heard in the matter. In view of the decision taken by the SDM, Saket, no further orders are called for in the petition. The writ petition is accordingly closed. All pending applications shall also stand closed.
MAY 02, 2018 A * + W.P.(C) 6705/2014 & C.M. Appl. Nos.11992/2015, 11993/2015,21820/2015, 2280/2016, 7934/2016, 21667/2017 & 40333/2017
K.R. CHITRA ..... Petitioner Through Petitioner in person with Ms. Chitra Srivastava, Advocate.
ADVOCATES WELFARE FUND TRUSTEE COMMITTEE & ORS. ..... Respondents
Through Mr. Ashish Tiwari, Adv for BCI. Mr. Devesh Dubey for Mr. Naushad Ahmad Khan, ASC for GNCTD.
%
02.05.2018 Ms. Srivastava has placed before me a Notification dated
26.12.2017, issued by the Department of Law, Justice and Legislative Affairs, Government of NCT of Delhi. This Notification sets out the names of the persons who are the trustees of the Advocates" Welfare Fund. The names and designation as given in the affidavit are as follow:- Sl No Name Designation i Mr. Maninder Singh, Ld. Additional Solicitor General of India. Chairperson, Ex-officio ii. The Secretary to the Government of India, Ministry of Law & Justice, Government of India Member, Ex-officio iii. The Secretary to the Government of India, Ministry of Home Affairs, Government of India Member, Ex-officio iv. The Chairman, Bar Council of Delhi Member, Ex-officio v. Ms. Nandita Rao, Additional Standing Counsel (Criminal), Delhi High Court Member vi. Mr. Surya Prakash Khatri, Advocate Member vii. Mr. Ved Prakash Sharma, Advocate Member Viii The Secretary, Bar Council of Delhi Secretary, Ex-officio
Accordingly, the Chairperson and other members of the Committee are requested to appear in Court on the next date of hearing for the purpose of taking the matter forward, in particular, qua the aspect concerning framing of guidelines for disbursal of money to advocates who are in need of financial assistance. The Registry will issue notice to the aforementioned persons, without Process Fee. Ms. Srivastava, who is appointed as an amicus curiae in the matter, and also appears for Union of India, is requested to write to the Chairperson and members of the aforementioned Committee with regard to the developments that occurred, in Court, today. Renotify the matter on 12.07.2018.
MAY 02, 2018 A * + W.P.(C) 11895/2015 & C.M. Appl. No.4664/2017
K.R. CHITRA ..... Petitioner Through Petitioner in person with Ms. Chitra Srivastava, Advocate.
BAR COUNCIL OF DELHI & ANR ..... Respondents
Through Mr. Ashish Tiwari, Adv for R-1. Mr. Santosh Kr. Tripathi, ASC with Mr. Shashank Tiwari and Mr. Perth Vishisht, Advocates.
%
02.05.2018 Renotify the matter with W.P. (C) No. 6705/2014 on
12.07.2018.
MAY 02, 2018 A * + W.P.(C) 8211/2010 & C.M. Appl. Nos.21149/2010, 22164/2010 & 484/2011
INDIAN OIL CORPORATION LIMITED & ORS ..... Petitioners Through Mr. Aashish Gupta and Mr.Anish Gupta, Advs.
RELIANCE INDUSTRIES LTD. ..... Respondent
Through Mr. Bendu Das, Adv for R-1.
Ms. Kritika Shukla, Adv for R-2. Mr. Gaurav Mitra with Mr. S. Sharma and Mr. R.S. Prabhu, Advs for Reliance Industries.
Mr Prashant Bezboruah, Adv for R-4. Mr. Akshay Makhija, CGSC with Ms. Seerat Deep Singh, Adv for UOI.
%
02.05.2018 Counsel for the petitioners seeks accommodation as the main counsel is not available. The request is not opposed by the counsel for the respondent. Renotify the matter on 09.10.2018.
MAY 02, 2018 A * + W.P.(C) 7303/2013 & C.M. Appl. No. 15713/2013
M/S INDIAN OIL CORPORATION LIMITED & ORS ..... Petitioners Through Mr. Aashish Gupta and Mr.Anish Gupta, Advs.
COMPETITION COMMISSION OF INDIA & ANR ..... Respondents
Through Mr. Bendu Das, Adv for R-1.
Mr Prashant Bezboruah, Adv for R-2. Mr. Akshay Makhija, CGSC with Ms. Seerat Deep Singh, Adv for UOI.
%
02.05.2018 Renotify the matter with W.P. (C) No. 8211/2010 on
09.10.2018.
MAY 02, 2018 A * + W.P.(C) 9182/2016
TARUN SHARMA & ANR. ..... Petitioners
Through Mr. Anil Kumar Gupta, Adv.
GOVT OF NCT OF DELHI & ORS. ..... Respondents Through Mr. Sanjay Dewan and Ms. Palak Rohmetra, Advs. for GNCTD.
%
02.05.2018 C.M. Appl. No.37138/2016 & 43587/2016 Counsel for the petitioners says that as directed, an affidavit has been filed in terms of the order dated 15.03.2018. To be noted, there is no appearance on behalf of the private respondents. Adverse orders are deferred. Renotify the matter on 14.11.2018.
MAY 02, 2018 A * + W.P.(C) 1936/2015 & C.M. Appl No.3472/2015
MERITRAC SERVICES PVT. LTD. ..... Petitioner Through Mr. Nikhil Nayar, Ms. Jaspreet Sareen, Mr. Chirag Kher and Mr. Sahil Vinod, Advs.
OIL AND NATURAL GAS CORPORATION LIMITED ..... Respondent Through Mr. K.P.S. Kohli and Ms. Sharmistha Ghosh, Advs.
%
02.05.2018 No time left. It is already 05:00 PM. Renotify the matter on 16.08.2018 in the category of "After Notice Misc. Matters"
MAY 02, 2018 A * + W.P.(C) 4161/2018 & C.M. Appl. No.16345/2018
M/S AMBA DEVI PAPER MILLS LTD. ..... Petitioner
Through Mr. Kunal Sachdeva, Adv.
STATE BANK OF INDIA ..... Respondent Through Mr. Sanjiv Kakra and Mr. Irfan Ahmed, Advocates.
%
02.05.2018 Counsel for the petitioner says that since an application has already been moved before the DRT, this writ petition is not pressed. Accordingly, as submitted, the writ petition is disposed of as not pressed.
MAY 02, 2018 A * + W.P.(C) 5566/2015
M/S. PREM ICE FACTROY ..... Petitioner Through Mr. Vijay Kumar and Mr. K.S. Kashyap, Advs.
DELHI STATE INDUSTRIAL DEVELOPMENT CORPORATION ..... Respondent
Through None.
%
02.05.2018 C.M. Appl. No.17681/2018 This application has been filed, as according to the applicant/petitioner, there is non-compliance of the directions contained in the order dated 10.10.2017. The operative directions contained in the said order required the respondent to dispose of the petitioner"s appeal within a period of six weeks. Counsel for the applicant/petitioner says that needful has not been done. Issue notice. Renotify the matter on 30.07.2018.
MAY 02, 2018 A * + W.P.(C) 4656/2018 & C.M. Appl. Nos.17960-61/2018
VAIBHAV SHARMA ..... Petitioner
Through Ms. Heena Malik, Adv.
MINISTRY OF CORPORATE AFFAIRS AND ANR. ..... Respondents Through Mr. P.S. Singh and Mr. Ashwini Kumar, Advs.
%
02.05.2018 Counsel for the petitioner, after some arguments, seeks leave to withdraw the petition to take recourse to an appropriate remedy for reviving the defaulting company. Petition is dismissed as withdrawn with liberty as prayed for.
MAY 02, 2018 A * + W.P.(C) 4659/2018 & C.M. Appl. No.17967/2018
DINESH JOTWANI ..... Petitioner
Through Ms. Harpreet Oberoi, Adv.
UNION OF INDIA AND ORS. ..... Respondents
Through Mr. Ajay Digpaul, CGSC for UOI.
%
02.05.2018 Counsel for the petitioner, after some arguments, seeks leave to withdraw the petition to take recourse to an appropriate remedy for reviving the defaulting company. Petition is dismissed as withdrawn with liberty as prayed for.
MAY 02, 2018 A * + W.P.(C) 4663/2018 & C.M. Appl. No.17976/2018
RAJ KUMAR ARORA AND ORS. ..... Petitioners Through Mr. Johnson Subba and Mr. Affaizi, Advs.
UNION OF INDIA AND ANR. ..... Respondents
Through Mr. Vikram Jetly, CGSC for UOI.
%
02.05.2018 Counsel for the petitioners, after some arguments, seeks leave to withdraw the petition to take recourse to an appropriate remedy in accordance with law. Petition is dismissed as withdrawn with liberty as prayed for.
MAY 02, 2018 A * + W.P.(C) 4649/2018
DILBAGH RAI CHAWLA AND ANR. ..... Petitioners
Through Mr. Kumar Chitranshu, Adv.
UNION OF INDIA AND ANR. ..... Respondents
Through Mr. Sanjay Kumar, Adv.
%
02.05.2018 C.M. Appl. No.17948/2018 Allowed, subject to all just exceptions. W.P.(C) 4649/2018 & C.M. Appl. No.17947/2018
Issue notice. Mr. Sanjay Kumar accepts notice on behalf of the official respondents. Renotify the matter on 09.05.2018.
MAY 02, 2018 A * + W.P.(C) 4642/2018
MR. ANUJ KAPOOR AND ANR. ..... Petitioners Through Mr. Ritik Malik and Mr. Brajesh Kumar, Advs.
REGISTRAR OF COMPANIES AND ORS. ..... Respondents Through Mr. Vinod Diwakar, CGSC with Mr. Sanjay Pal, Adv for R-1 & R-2.
Ms. Amrita Prakash, CGSC for UOI/R-3.
%
02.05.2018 C.M. Appl. No.17910/2018
¶1Allowed, subject to all just exceptions. W.P.(C) 4642/2018 & C.M. Appl. No.17909/2018
¶2Issue notice.
¶3Mr.Diwakar, CGSC accepts notice on behalf of the official respondents.
¶4To be noted the petitioners are Directors on the Boards of several companies including the defaulting company. The record shows that the defaulting company, goes by the name Vima Ice Factory Private Limited ("VIPL").
¶5The Condonation of Delay Scheme, 2018 (in short "Scheme") has came to an end on 01.05.2018.
¶6Counsel for the petitioners submits that an appeal under Section 252 of the Companies Act, 2013 has been filed to seek revival of VIPL.
6.1 It is stated that the appeal is pending adjudication before the NCLT. Counsel for the petitioners submits that since the DIN & DSC of the petitioners has not been activated by the ROC, the petitioners, who are Directors on the Boards of other companies, which are active and fully functional, will get impacted adversely.
¶7This aspect of the matter, to my mind, needs to be examined by the official respondents.
7.1 Mr. Diwakar, learned CGSC, seeks short accommodation to obtain instructions.
¶8Accordingly, at request renotify the matter on 09.05.2018.
MAY 02, 2018 A * + W.P.(C) 9899/2017
SHREEYAM POWER AND STEEL INDUSTRIES LIMITED ..... Petitioner
Through Mr. Harsh Virmani, Adv.
UNION OF INDIA MINISTRY OF CORPORATE AFFAIRS AND ORS. ..... Respondents
Through Mr. Vikram Jetly, CGSC for UOI.
%
02.05.2018 Counsel for the petitioner seeks accommodation. The request is not opposed by Mr. Jetly. Renotify the matter on 19.11.2018.
MAY 02, 2018 A * + W.P.(C) 9900/2017
SHREEYAM POWER AND STEEL INDUSTRIES LIMITED ..... Petitioner
Through Mr. Harsh Virmani, Adv.
UNION OF INDIA MINISTRY OF CORPORATE AFFAIRS AND ORS. ..... Respondents
Through Mr. Vikram Jetly, CGSC for UOI.
%
02.05.2018 Counsel for the petitioner seeks accommodation. The request is not opposed by Mr. Jetly. Renotify the matter on 19.11.2018.
MAY 02, 2018 A * + W.P.(C) 4639/2018 & C.M. Appl. No.17905/2018
NEERAJ GUPTA ..... Petitioner
Through Mr. Pawan Kumar, Adv.
UNION OF INDIA AND ANR. ..... Respondents Through Mr. B.S. Shukla, CGSC for UOI with Mr. Rajesh Gogha, Adv.
%
02.05.2018 Issue notice. Mr. Shukla, learned CGSC, accepts notice on behalf of the respondent. Counter affidavit, if any, be filed within three weeks. Rejoinder thereto, if any be filed before the next date of hearing. Renotify the matter on 07.08.2018.
MAY 02, 2018 A * + W.P.(C) 9663/2016 & C.M. Appl. No.38695/2016
M/S S S DEVELOPERS A PARTNERSHIP FIRM ..... Petitioner
Through Mr. Rishabh Sancheti, Adv.
UNION OF INDIA AND ANR ..... Respondents Through Ms. Suparna Srivastava, CGSC with Mr. Tushar Mathur, Advs
%
02.05.2018 Counsel for the respondents seeks further time to file a counter affidavit. The request is acceded to. Counter affidavit be filed within three weeks, failing which, the opportunity given to file counter affidavit shall stand closed. Rejoinder thereto, if any, be filed before the next date of hearing. Renotify the matter on 19.11.2018. Interim orders to continue in the meanwhile.
MAY 02, 2018 A * + W.P.(C) 2767/2013
KANGARO INDUSTRIES (REGD.) ..... Petitioner
Through: Mr. Bhuvneshwar Tyagi, Adv.
KANIN (INDIA) PVT.LTD. & ANR. ..... Respondents Through: Counsel for the respondents. (appearance not given.)
%
02.05.2018 Counsel for the parties seek accommodation on account of the fact that Civil Appeal No.5007/2008 filed in the Supreme Court is pending adjudication and that its result could have impact on the instant case. At request, renotify the matter on 03.12.2018.
MAY 02, 2018 A
* + W.P.(C) 4621/2018
K MAHENDRA SINGH & ANR
..... Petitioners
Through: Mr. Kamal Gupta with Ms. Umang Tripathi, Advs.
UNION OF INDIA & ANR
..... Respondents
Through: Mr. Jasmeet Singh, CGSC for R-1 & 2.
%
02.05.2018 C.M. Appl. No.17839/2018(Exemption)
¶1Allowed, subject to just exceptions. W.P.(C) 4621/2018 & C.M. Appl. No.17838/2018
¶2This is a writ petition which assails the communication dated
20.04.2018, issued by the Archaeological Survey of India (ASI), Government of India, as also an earlier communication dated
19.04.2018 as has been referred to in the communication dated
20.04.2018.
¶3Counsel for the petitioners states that the communication dated
19.04.2018 was not served on the petitioners.
¶4Be that as it may, the net effect of the communication dated
20.04.2018 is that the Memorandum of Understanding (MoU) executed by the petitioners with ASI for running a cafeteria at Purana Qila and Safdurjung Tomb is not extended.
¶5It is not in dispute that the petitioners were given a license to run a Cafeteria at Purana Qila and Safdurjung Tomb. The license given to the petitioner was for a period of one year with a clause for further extension upto two years, albeit, with the mutual consent of parties which includes ASI.
¶6Mr. Jasmeet Singh, learned counsel who appears on advance notice on behalf of the respondents, states that a decision has been taken not to extend the MoU beyond one year as conservation work has to be carried out at the aforementioned monuments.
¶7On the other hand, learned counsel for the petitioners states that the petitioners had a legitimate expectation that the MoU would be extended. In support of his submissions, learned counsel for the petitioners has taken me through Clause 9.02 and 9.04 of the National Policy for the Conservation of the Ancient Monuments, Archaeological Sites and Remains, 2014.
7.1 In addition thereto, the learned counsel has also relied upon the Request For Proposal dated 29.12.2016 ("RFP"). In sum, it is the submission of the learned counsel for the petitioners that a policy decision was taken that all ancient monuments should have around-the-clock facilities for convenience of visitors, which included kiosk/cafeteria. It is, thus, the submission of the petitioners that closure of the cafeteria will cause inconvenience to the public apart from the fact that it would economically impact the petitioners.
¶8Having regard to the submissions of the counsel, according to me, since the petitioners are licensees they do not have any legal right to continue beyond the terms of the engagement incorporated in the license. Insofar as the submission advanced on behalf of the petitioners with regard to the legitimate expectation is concerned, it would square off against ASI"s stand, which is, that the site is required for carrying out the conservation.
¶9To my mind, public interest, which requires conservation of ancient monuments, would trump the legitimate expectation of the petitioners in having the license conrinued beyond the period of one year. Needless to say, the respondents will provide necessary facilities to the visitors, if not at the subject site(s), then at a location which is proximate.
¶10The writ petition along with all pending applications is, accordingly, dismissed.
MAY 02, 2018/ak * + W.P.(C) 5175/2017, CM Appl.No.22093/2017
M/S. SHRI LAKSHMI COTSYNS LIMITED & ORS. ..... Petitioners
Through: Ms. Manisha Dhir with Mr. K.P.S.Kohli &
Mr. Pranav Gambir, Advs.
STATE BANK OF INDIA & ANR.
..... Respondents
Through: Mr. Rajiv Kapur with Ms. Khushboo Kapur
Advs. for SBI.
Mr. H.S.Parihar & Mr. K.S.Parihar, Advs. for RBI.
%
02.05.2018
At joint request, list on 8.10.2018.
MAY 02, 2018/ak * + W.P.(C) 6997/2016, CM App.No.28760/2016
MOHD. YAMEEN & ORS
..... Petitioners
Through: Mr. Diwan Singh Chauhan, Adv.
UNION OF INDIA & ANR
..... Respondents
Through: Ms. Barkha Babbar with Mr. Dipanjay Tyagi, Advs.
%
02.05.2018
At joint request, list on 26.10.2018.
MAY 02, 2018/ak * + W.P.(C) 4634/2018
SHRI DASHARTH SINGH TANWAR
..... Petitioner
Through: Mr. Ayush Choudhary with Mr. Devanshu Yadav, Adv.
DISCIPLINARY DIRECTORATE, INSTITUTE OF CHARTERED
ACCOUNTANTS OF INDIA AND ANR. ..... Respondents
Through: None.
%
02.05.2018 C.M. Appl. No.17878/2018 (Exemption) Allowed, subject to all just exceptions. W.P.(C) 4634/2018 The record shows that the petitioner has lodged a complaint qua respondent no.2 with the institute of Chartered Accountants of India
(ICAI). The petitioner is aggrieved by the fact that neither was he called for the hearing nor does it is the impugned order dated
11.10.2017, disclose any reasons. Issue notice to the respondents. Counter affidavit, if any, be filed within four weeks. Rejoinder thereto be filed before the next date of hearing. List on 22.10.2018.
MAY 02, 2018/ak * + W.P.(C) 4628/2018
DR B P SINHA
..... Petitioner
Through: Mr. D.K.Devesh, Adv.
UNION OF INDIA & ORS
..... Respondents
Through: Mr. Vinod Kumar with Ms. Anju Gupta &
Mr. R.L.Goel, Advs. for R-1 & 3.
%
02.05.2018 C.M. Appl. No.17852/2018 (Exemption) Allowed, subject to all just exceptions. W.P.(C) 4628/2018 Issue notice.
¶3Mr. Vinod Kumar, learned counsel accepts notice on behalf of the respondent nos. 1 and 3.
¶4On steps being taken by the petitioner, notice shall issue to respondent no.2. In addition, service be effected via private mode as well.
¶5Counter affidavit be filed within two weeks from today. Rejoinder thereto, if any, be filed before the next date of hearing.
¶6To be noted, in this writ petition, the petitioner is claiming reimbursement of the balance sum of his medical claim. The sum claimed by the petitioner is Rs.2,17,208/- along with interest at the rate of 18%.
¶7It is the petitioner"s stand that while it is accepted by respondent no.3 that the petitioner had to be admitted to the hospital in an emergent condition, albeit, in a non-empanelled hospital, the expenses claimed have not been reimbursed only on the ground that he was required to be treated for Urinary infection and not for cancer.
¶8This aspect of the matter will be examined on the next date of hearing. List the matter on 4.7.2018.
MAY 02, 2018 ak * + W.P.(C) 4038/2018
MS SAMARAH K. MALANEY THROUGH HER MOTHER MS.
NEESH KHATAU
..... Petitioner
Through: Ms. Aayushi Sharma, Adv.
EQUESTRIAN FEDERATION OF INDIA
..... Respondent
Through: Mr. Kumar Dushyant Singh with Mr. Siddharth Dutta, Advs.
%
02.05.2018 CM App.No.17922/2018
¶1This is an application moved on behalf of the respondent.
¶2Issue notice.
¶3Ms Aayushi Sharma, learned counsel accepts notice on behalf of the non-applicant/petitioner. Learned counsel states that she does not wish to file a reply to the captioned application.
¶4Counsels are, however, agreed that the fourth trial will be held on
14.5.2018 followed by the fifth trial which will be held on 16.5.2018.
¶5I am also informed by learned counsel for the applicant/respondent that arrangements have been made for the trials to be supervised by three Judges out of which one would be a foreign Judge.
¶6Accordingly, as prayed, the application is disposed of in the aforementioned terms.
¶7Dasti under the signatures of the Court Master.
MAY 02, 2018/ak * + W.P.(C) 2670/2018
M/S DR. RANDHAWA ULTRASONOGRAPHY IMAGING AND
RESEARCH INSTITUTE
..... Petitioner
Through: Mr. Suhail Dutt, Sr. Adv. with Mr. Khawaja Siddiqui,
Mr. Ashwini Kumar & Mr. Arup Sinha, Advs.
UNION OF INDIA AND ORS.
..... Respondents
Through: Mr. Sanjeev Narula, CGSC with Mr. Abhishek Ghai, Adv. for UOI. Ms. Hetu Arora Sethi, ASC with Mr. Abhimanyu Verma, Dr. Girish Shastri, Distt. Nodal Officer, PS & PNDT Cell (West Distt.)
%
02.05.2018 CM No.17919/2018
¶1The date fixed in the matter is 4.9.2018.
¶2Since, Mr. Suhail Dutt, learned Senior Counsel states that there is urgency, list the matter on 7.8.2018.
¶3Accordingly, the date already fixed i.e. 4.9.2018 shall stand cancelled.
¶4In the meanwhile, the respondents will file a counter affidavit in the matter, as already directed, within three weeks from today. Rejoinder thereto, if any, be filed before the next date of hearing.
MAY 02, 2018/ak * + W.P.(C) 11481/2017
X AND ANR.
..... Petitioner
Through: None.
UNION OF INDIA AND ORS.
..... Respondents
Through: Mr. Abhishek Ghai, Adv. for Mr. Sanjeev Narula, Adv.
%
02.05.2018 CM Appl No.17931/2018
¶1This is an application seeking Condonation of delay. The application has been filed on behalf of the respondents. The period of delay involved is 52 days.
¶2For the reasons given in the application, the delay is condoned. The Registry will formally take on record the counter affidavit.
¶3The application is accordingly disposed of.
MAY 02, 2018 ak * + W.P.(C) 8051/2016
UNION OF INDIA
..... Petitioner
Through: Ms. Amrita Prakash, CGSC
SUBHASH CHNDRA AGRAWAL
..... Respondent
Through: None
%
02.05.2018 CM App.No.17923/2018
¶1This is an application moved by the petitioner for issuance of a fresh notice to the respondent. For the reasons given therein, the prayer made therein is allowed.
¶2On steps being taken by the petitioner, fresh notice shall issue to the respondent. In addition, service be effected via private mode as well.
¶3The application is accordingly disposed of.
MAY 02, 2018/ak * + W.P.(C) 4219/2018
MS. PI AND ORS. ..... Petitioners Through Ms. Vrinda Grover and Mr. Soutik Banerjee, Advs.
JAWAHARLAL NEHRU UNIVERSITY AND ORS. ..... Respondents Through Ms. Gini J. Rautray, Standing Counsel for the JNU. Mr. Vijay Hansaria, Sr. Advocate with Mr. Amit Anand Tiwari and Mr. Shashwat Singh, Advs for R-4. Mr. Satyakam, ASC for R-5 & R-6 with SI Preeti.
%
02.05.2018 C.M. Appl. No.16548/2018 (Exemption) Allowed, subject to all just exceptions. W.P.(C) 4219/2018 & C.M. Appl. No.16547/2018 Ms. Rautray, who appears for respondent nos. 1 to 3 has indicated to the Court that pursuant to the last hearing a two-member Fact Finding Committee has been set up by the Vice-Chancellor comprising Professor Binod Kumar Kanaujia, SC&IS and Professor Bhujang S. Waghmare, CSLG.
¶3Furthermore, the learned counsel has informed the Court that respondent no.4 has resigned from all Administrative Committees and is no longer the warden of Chandrabhaga Hostel.
¶4Learned counsel further states that respondent no.4 has been advised not to use Laboratory No.409 which is attached to the School of Life Sciences (SLS). It is also the submission of Ms. Rautray that respondent no.4 will be asked to use a separate laboratory for his work at JNU.
¶5Ms. Grover who appears for the petitioner has, in sum, stated that it is the bounden duty of JNU, which is classified as a Higher Education Institution, to provide a safe working environment to the petitioners i.e. the complainants.
¶6Learned counsel further submits that the insistence on the part of JNU officials that the petitioners should access the Internal Complaints Committee (ICC) is not borne out from the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (in short "2013 Act").
¶7Ms. Grover states that the petitioners have no confidence in the presently constituted ICC and that they desire to pursue the criminal proceedings which stand already triggered, as noted in the previous order of the Court.
¶8During the course of the arguments, Ms. Grover drew my attention to an e-mail dated 26th April, 2018 addressed to the Vice-Chancellor, wherein inter alia, petitioner no.1 has adverted to her face-off with respondent no.4. Ms. Grover has also referred to other e-mails, whereby, she tried to impress upon the court that despite apprehensions expressed about safety and security, no concrete action has been taken. In particular, emphasis is placed on the fact that no restraint has been put on respondent no.4"s presence on the campus. It is Ms. Grover"s submission that the presence of respondent no.4 would create a "chilling effect" and, in a sense, dissuade the petitioners/complainants and potential witnesses from deposing freely before the concerned authorities.
¶9In support of her submissions, Ms. Grover has also referred to the UGC Regulations which were notified on 2nd May, 2016, as also, a judgment of a Single Judge of this court in the matter of: U.S. Verma, Principal, DPS & Anr. vs. National Commission for Women & Ors., 2009 SCC Online Delhi 3200.
¶10Mr. Vijay Hansaria, learned senior counsel who represents respondent no.4 submits that his client has been recently served with a notice and that he would require time to respond.
10.1 It is also the submission of learned Senior counsel that additional documents had not been served on respondent no.4.
¶11The broad defence taken on behalf of the respondent no.4 is that the complaints made against him are motivated and that they were triggered on account of an e-mail sent by him with regard to poor attendance of the petitioners.
¶12During the course of the arguments advanced by Ms. Rautray, I had indicated to the learned counsel that since the Fact Finding Committee constituted by the Vice-Chancellor comprises only of male members, it may help the process of enquiry if a lady professor is also brought on board.
¶13Ms. Rautray, fairly, states that she will convey the concern of the court to the Vice-Chancellor and, if necessary, take corrective measures.
¶14Since, Ms. Rautray has already indicated the various steps that the Vice-Chancellor has taken in the interest of a fair enquiry I intend to make them a part of my order to give certainty as to the manner in which the process shall move hereafter:
i) Respondent no.4 will not be part of any Administrative Committee.
ii) Respondent no.4 will not take charge as a warden of any hostel which has women inmates.
iii) Respondent no.4 will not visit or use Laboratory No.409.
iv) The Vice-Chancellor will find an alternative supervisor for petitioner no.1 and petitioner no.4. The needful will be done within the shortest possible time.
v) JNU will consider the advisability of sending respondent no. 4 on leave. This decision can be taken by JNU after the Fact Finding Committee returns its findings in the matter.
¶15It is made clear that the aforementioned directions have been issued, albeit, based on the stand taken by Mr. Rautray, to provide a safe working environment to the petitioners as serious allegations have been made against respondent no.4, which are yet to be tested before an appropriate forum.
15.1 In my view, it is also in the interest of respondent no.4 to reduce the chance of interaction with the complainants or potential witnesses.
¶16Respondent no.4 will file his counter affidavit within two weeks from today.
¶17Mr. Grover will ensure that the additional documents filed in the matter are served on respondent no.4 or his counsel.
¶18Ms. Rautray will also ensure that by the next date of hearing, the findings of the Fact Finding Committee constituted by the Vice-Chancellor are placed before the Court.
¶19Mr. Satyakam states that as directed by this Court, the statements made by the petitioner under Section 164 of Cr.P.C. were shown to the Vice-Chancellor.
19.1 Ms. Rautray affirms this position.
¶20A status report has been filed by the Investigating Officer.
20.1 Mr. Satyakam states that a fresh status report will be filed before the next date of hearing.
¶21Renotify the matter on 23.5.2018.
¶22Dasti under the signature of the Court Master.
MAY 02, 2018 ak * + W.P.(C) 921/2015 & CM Appl. No.1611/2015
DIRECTORATE OF EDUCATION
..... Petitioner Through: Proxy counsel for Mr. V.K. Tandon, Adv.
SURENDER PAL
..... Respondent Through: Proxy counsel for Mr. S.K. Pathak, Adv.
%
02.05.2018
¶1A request for accommodation is made by learned counsel for the respondent on the ground that there is bereavement in his family. Request is not opposed.
¶2Accordingly, renotify the matter on 13.11.2018.
¶3In the meantime, interim order will continue to operate.
MAY 02, 2018/pmc * + W.P.(C) 3064/2014
CANE AGRO ENERGY (INDIA) LTD.
..... Petitioner
Through: Ms. Neela Gokhale, Adv.
THE UNION OF INDIA AND ANR
..... Respondent
Through: None.
%
02.05.2018
¶1Counsel for the petitioner seeks and is granted further three weeks to file a rejoinder.
¶2Renotify the matter on 12.10.2018.
MAY 02, 2018/pmc * + W.P.(C) 1996/2014 & CM Appl. No.4173/2014
M/S ROSE VALLEY REAL ESTATE & CONSTRUCTIONL LTD.
..... Petitioner
Through: Mr. Gaurav Khanna, Adv.
UNION OF INDIA & ORS
..... Respondent
Through: None.
%
02.05.2018 At request of the counsel for the petitioner, renotify the matter on
29.10.2018.
MAY 02, 2018/pmc * + W.P.(C) 4562/2012
RESERVE BANK OF INDIA
..... Petitioner
Through: None.
MUKESH AGRAWAL
..... Respondent
Through: None.
%
02.05.2018
¶1There is no representation on behalf of either side.
¶2Adverse orders are deferred.
¶3Renotify the matter on 30.10.2018.
MAY 02, 2018/pmc * + W.P.(C) 3897/2018 & CM Appl. No.15385-15386/2018
NEEMA TAMANG & ORS
..... Petitioner Through: Ms. Ankita Patnaik, Adv. for Ms. Garima Sachdeva, Advs.
GOVERNMENT OF NCT OF DELHI & ORS ..... Respondent Through: Mr. Sanjoy Ghose, ASC with Siwetank Singh, Advs. for GNCTD.
%
02.05.2018
¶1Counsel for the petitioners seeks accommodation. Request is not opposed by the counsel for respondents.
¶2I am told that the connected writ petition being W.P.(C) No.1086/2018 is coming up for hearing on 27.7.2018.
¶3Accordingly, renotify the matter on 27.7.2018 along with W.P.(C) No.1086/2018.
¶4In the meanwhile, interim order will continue to operate.
MAY 02, 2018/pmc * + W.P.(C) 2515/2018
RAVINDER KUMAR JAIN
..... Petitioner Through: Mr. Rajni Kant with Ms. Parul Agarwal, Advs.
STATE (GNCTD) AND ORS.
..... Respondent
Through: Ms. Anya Singh, Adv. for R-1.
%
02.05.2018
¶1Issue notice.
¶2Ms. Anya Singh accepts notice for respondent No.1.
¶3On steps being taken, notice shall issue to respondent No.2 & 3. Additional service be effected via private mode as well.
¶4Renotify the matter on 9.10.2018.
MAY 02, 2018/pmc * + W.P.(C) 2368/2018
LALIT KUMAR GOEL, SOLE PROPRIETOR, GOEL NCONSTRUCTION CO.
..... Petitioner
Through: Mr. Ankur Gosain, Adv.
DELHI METRO RAIL CORPORATION LTD. ..... Respondent
Through: Mr. Tarun Johri, Adv. for DMRC.
%
02.05.2018 CM Appl. No.9926/2018
¶1Allowed, subject to all just exceptions. W.P.(C) No.2368/2018
¶2Issue notice.
¶3Mr. Johri accepts notice for the respondent/DMRC.
¶4Mr. Gosain, who appears for the petitioner, says that he will file an additional affidavit setting out the fact that it has entered into a contract with the respondent/DMRC and that there is a possibility of disputes erupting between the parties herein.
¶5Let the needful be done within 10 days from today.
¶6It is to be noted that via this writ petition, the petitioner seeks to challenge the fee schedule circulated by the respondent/DMRC via impugned circular dated 26.5.2017.
¶7Renotify the matter on 17.8.2018.
MAY 02, 2018/pmc * + W.P.(C) 4678/2018 & CM. APPL. No.18006-07/2018
KHIROD CHANDRA MALICK
..... Petitioner Through: Mr. Satvik Bajaj, Adv.
UNION OF INDIA AND ORS
..... Respondent Through: Mr. Vikram Jetly, CGSC for R-1 to 3.
%
02.05.2018
¶1After some arguments, learned counsel for the petitioners seeks permission to withdraw the writ petition with liberty to approach the NCLT for appropriate relief.
¶2Writ petition is dismissed as withdrawn with liberty as prayed for.
¶3Pending applications shall stand closed.
MAY 02, 2018/pmc * + W.P.(C) 4677/2018 & CM. APPL. No.18004-05/2018
DEEPIKA BUGALIA
..... Petitioner Through: Mr. Ketan Madan with Ms. Himanshu Harbola, Advs.
REGISTRAR OF COMPANIES & ORS
..... Respondent Through: Mrs. Bharathi Raju, CGSC for UOI.
%
02.05.2018
¶1After some arguments, learned counsel for the petitioners seeks permission to withdraw the writ petition with liberty to approach the NCLT for appropriate relief.
¶2Writ petition is dismissed as withdrawn with liberty as prayed for.
¶3Pending applications shall stand closed.
MAY 02, 2018/pmc * + W.P.(C) 4676/2018 & CM. APPL. No.18002-18003/2018
SAMIRA DEWAN SURI & ORS.
..... Petitioner Through: Mr. Ketan Madan with Ms. Himanshu Harbola, Advs.
REGISTRAR OF COMPANIES & ORS
..... Respondent Through: Mrs. Bharathi Raju, CGSC for UOI.
%
02.05.2018
¶1After some arguments, learned counsel for the petitioners seeks permission to withdraw the writ petition with liberty to approach the NCLT for appropriate relief.
¶2Writ petition is dismissed as withdrawn with liberty as prayed for.
¶3Pending applications shall stand closed.
MAY 02, 2018/pmc * + W.P.(C) 4667/2018
INSIYA SHEHZAD HEMANI
..... Petitioner Through: Mr. Giriraj Subramanium with Mr.Prateek Chadha, Mr.Vikash Pathak, Mr. Simarpal Singh Sawhney and Mr. Sidhant Krishan Singh, Advs.
UNION OF INDIA AND ORS.
..... Respondent Through: Mr. Arun Bhardwaj, CGSC with Mr. Nikhil Bhardwaj, Adv.
%
02.05.2018
¶1Issue notice to the respondents.
¶2Mr. Arun Bhardwaj accepts notice for the respondents.
¶3Counter affidavit, if any, will be filed within four weeks from today. Rejoinder thereto, if any, be filed before the next date of hearing.
¶4Renotify the matter on 10.9.2018.
MAY 02, 2018/pmc * + W.P.(C) 4665/2018
POONAM GUPTA
..... Petitioner
Through: Mr. Prag Chawla, Adv.
DELHI JAL BOARD
..... Respondent
Through: None.
%
02.05.2018 CM. APPL. No. 17980/2018
¶1Allowed, subject to all just exceptions. W.P.(C) No.4665/2018
¶2Issue notice to the respondent.
¶3Counter affidavit, if any, will be filed within three weeks from today. Rejoinder thereto, if any, be filed before the next date of hearing.
¶4Renotify the matter on 22.10.2018.
MAY 02, 2018/pmc
* + W.P.(C) 4652/2018
SH. RAMESH BHARDWAJ
..... Petitioner
Through: Mr. Rohit Malik, Adv.
GOVERNMENT OF NCT OF DELHI AND ORS. ..... Respondent Through: Ms. Hetu Arora Sethi, ASC with Mr. Abhimanyu Verma, Adv. for R-1.
Mr. Yeeshu Jain with Mr. Devansh Bhatnagar, Advs. for R-2.
Mr. Sanjay Singh, Adv. for R-3.
%
02.05.2018 CM. APPL. No. 17953/2018
¶1Allowed, subject to all just exceptions. W.P.(C) No.4652/2018
¶2Counsel for the petitioner says that he will file the title documents to demonstrate the ownership of the seller in the subject property. The person who sold the subject property to the petitioner appears to be, one, Sheela Devi.
¶3Let the needful be done within two weeks from today.
¶4Renotify the matter on 4.7.2018.
MAY 02, 2018/pmc
* + W.P.(C) 11102/2017 & CM APP Nos.4385/2017
SHRI SHARAD YADAV ..... Petitioner Through Mr.Kapil Sibal, Sr. Adv with Mr. Devadatt Kamat, Ms. Md. Nizam Pasha, Mr. Rajesh Inamdar, Ms. Sneha Iyer, Mr. Aditya Bhatt and Mr. Javed-ur-Rahman, Advs.
SHRI RAM CHANDRA PRASAD SINGH AND ANR. ..... Respondents Through Mr. Dinesh Dwivedi, Sr. Adv. with Mr. Gopal Singh, Ms. Apoorva Srivastava and Mr. B.K. Shahi, Advs. for R-1. Mr. Sanjay Jain, Sr. Adv with Mr. Prasad and Ms. Zubeda Begum, Advs for R-2.
%
03.05.2018 CM APP No. 8213/2018 At request of counsel for the parties, renotify the matter on
23.05.2018.
MAY 03, 2018 A * + W.P.(C) 11672/2017 & CM APP No. Appl. Nos.47424-27/2017
SHRI. ALI ANWAR ANSARI ..... Petitioner Through Mr. Kapil Sibal, Sr. Adv with Mr. Devadatt Kamat, Ms. Dd. Nizam Pasha, Mr. Rajesh Inamdar, Ms. Sneha Iyer, Mr. Aditya Bhatt and Mr. Javed-ur-Rahman, Advs.
SHRI RAM CHANDRA PRASAD SINGH AND ANR. ..... Respondents Through Mr. Dinesh Dwivedi, Sr. Adv. with Mr. Gopal Singh, Ms. Apoorva Srivastava and Mr. B.K. Shahi, Advs. for R-1. Mr. Sanjay Jain, Sr. Adv with Mr. Prasad and Ms. Zubeda Begum, Advs for R-2.
%
03.05.2018 At request of counsel for the parties, renotify the matter on
23.05.2018.
MAY 03, 2018 A * + W.P.(C) 582/2018
ZAINAB MOOJID NEAHMAH ..... Petitioner Through Ms. Liz Mathew and Ms. Purnima Krishnan, Advs.
JOINT SECRETARY (FOREIGNERS) & ANR ..... Respondents Through Ms. Mallika Hiremath for Mr. Amit Mahajan, CGSC for UOI.
%
03.05.2018 Request for accommodation is made on behalf of Mr.Amit Mahajan on the ground that he is unwell. Request is not opposed by the learned counsel for the petitioner. Renotify the matter on 09.07.2018.
MAY 03, 2018 A * + W.P.(C) 4499/2018 & C.M. Appl. No.17301/2018
CESC LIMITED ..... Petitioner Through Mr. A.M. Singhavi, Mr. Parag P. Tripathi, Sr. Advs with Mr. Sanjeev Kapoor, Mr. Gaurav Juneja, Ms Saman Ahsani and Mr. Aditya Ganju, Advs.
UNION OF INDIA & ORS ..... Respondents Through Ms Monika Arora, CGSC with Mr. Kushal Kumar, Mr. Harsh Ahuja and Mr. Vibhu Tripathi, Advs for R-1 & R-2.
Mr. Kashish Narang, Adv for ICICI Bank.
%
03.05.2018 Issue notice.
¶2Ms. Monika Arora appears on advance notice for respondent No.1 & 2.
¶3It is to be noted that the facts obtaining in the present case are identical to the facts obtaining in W.P.(C) No.4655/2018. Counsel for both the parties say that this writ petition can be disposed of, broadly, based on the directions passed in the aforementioned matter. W.P.(C) No.4499/2018
Pg.1 of 2
¶4Accordingly, the captioned writ petition is disposed of with the following directions:
(i) The petitioner is given liberty to approach the Tribunal within two weeks from today.
(ii) Pending adjudication by the Tribunal, the operation of the impugned communication dated 25.4.2018 shall remain stayed.
(iii) In case the decision rendered by the Tribunal is against the interest of the petitioner, the said decision will not be enforced for a period of two weeks thereafter.
(iv) It is made clear that if the petitioner does not approach the Tribunal within two weeks from today the interim protection granted will stand dissolved.
¶5Pending application stand closed.
¶6Dasti under the signatures of the Court Master.
MAY 03, 2018 A
W.P.(C) No.4499/2018
Pg.1 of 2 * + W.P.(C) 4351/2018
SAEED UR REHMAN & ANR ..... Petitioners Through Mr. Rizwan and Mohd. Nadeem Khan, Advs.
UNION OF INDIA & ORS ..... Respondents Through Mr. Amit Mahajan, CGSC with Mr. Madhav Chitale, Adv for R-1 & R-2.
%
03.05.2018 C.M. Appl. No.16860/2018 Allowed, subject to all just exceptions.
W.P.(C) 4351/2018 & C.M. Appl. No.16859/2018
Counsel for the petitioners says that an affidavit was filed. The affidavit is however not on record. Counsel would take steps. Renotify the matter on 25.07.2018.
MAY 03, 2018 A * + W.P.(C) 4352/2018
AARTI KHANTWAL ..... Petitioner
Through Mr. Aseem Mehrotra, Adv.
UNION OF INDIA AND ANR. ..... Respondents Through Mr. Ruchir Mishra and Mr. M.K. Tiwari, Advs.
%
03.05.2018 Counsel for the petitioners says that an affidavit was filed. The affidavit is however not on record. Renotify the matter on 30.07.2018.
MAY 03, 2018 A * + W.P.(C) 4353/2018
YOGESH KHANTWAL ..... Petitioner
Through Mr. Aseem Mehrotra, Adv.
UNION OF INDIA AND ANR. ..... Respondents Through Mr. Ruchir Mishra and Mr. M.K. Tiwari, Advs.
%
03.05.2018 C.M. Appl. No.16865/2018 Allowed, subject to all just exceptions.
W.P.(C) 4353/2018 & C.M. Appl. No.16864/2018 Counsel for the petitioners says that an affidavit was filed. The affidavit is however not on record. Renotify the matter on 30.07.2018.
MAY 03, 2018 A * + W.P.(C) 4687/2018
BHARAT ALUMINIUM COMPANY LTD & ANR ..... Petitioners Through Mr. P. Chidambaram, Sr. Adv with Ms. Ranjana Roy Gawai, Ms. Vasudha Sen, Mr. Arjun Asthana and Mr. Parinay T. Vasandani, Advs.
UNION OF INDIA & ORS ..... Respondents Through Mr. Nitish Gupta for Mr. Ravi Prakash, CGSC for R-1 & R-2. with Mr. Kundan from the Department.
Mr. Atul Jha and Mr. Sandeep Jha, Advs for R-3.
%
03.05.2018 C.M. Appl No.18021/2018
¶1Allowed, subject to all just exceptions.
W.P.(C) 4687/2018 & C.M. Appl No.18020/2018
¶2Issue notice.
¶3Mr. Nitish Gupta accepts notice on behalf of respondent no. 1 & 2.
¶4Vide this writ petition, challenge is laid to the notice dated
25.04.2018. It is not disputed by the learned counsel for the respondents that issue arising in the instant case is similar to the issue arising in the W.P. (C) No.4655/2018 titled: Hindalco Industries Limited vs. Union of India and Others. Learned counsel for the respondents says that this Court may pass an order similar to the order passed in W.P. (C) 4655/2018 on 2.05.2018.
¶5Accordingly, the writ petition is disposed of with the following directions:-
(i) The petitioner is given liberty to approach the Tribunal within two weeks from today.
(ii) Pending adjudication by the Tribunal, the operation of the impugned communication dated 25.4.2018 shall remain stayed.
(iii) In case the decision rendered by the Tribunal is against the interest of petitioner, the said decision will not be enforced for a period of two weeks thereafter.
(iv) It is made clear that if the petitioner does not approach the Tribunal within two weeks from today, the interim protection granted, today, will stand dissolved.
¶6Pending application shall stand closed.
¶7Dasti under signatures of the Court Master.
MAY 03, 2018 A * + W.P.(C) 4480/2018 & C.M. Appl. No.17259/2018
SUNFLAG IRON AND STEEL CO LTD ..... Petitioner Through Mr. Parag P. Tripathi, Sr. Adv with Mr. Sanjeev Kapoor, Mr. Gaurav Juneja, Ms Saman Ahsani and Mr. Aditya Ganju, Advs.
Versus
UNION OF INDIA & ORS ..... Respondents Through Ms Monika Arora, CGSC with Mr. Kushal Kumar, Mr. Harsh Ahuja and Mr. Vibhu Tripathi, Advs for R-1 & R-2.
Mr. Rajiv Kapur and Ms. Khushboo Kapur, Advs for R-3.
%
03.05.2018
1 Issue notice. 2 Mr. Monika Arora accepts notice on behalf of the respondent no.1 & 2. 3 By virtue of this writ petition, challenge is made to the notice dated
25.04.2018. Mr. Monika Arora, who appears for the respondent no.1 & 2, says that the issue raised in the present writ petition is similar to the issue arising in the W.P. (C) No.4655/2018 titled: Hindalco Industries Limited vs. Union of India and Others. In these circumstances, learned counsel for the respondents says that similar directions be issued in the captioned petition. Accordingly, the writ petition and CM. No. 17259/2018 are disposed of in terms of the following directions:-
(i) The petitioner is given liberty to approach the Tribunal within two weeks from today.
(ii) Pending adjudication by the Tribunal, the operation of the impugned communication dated 25.4.2018 shall remain stayed.
(iii) In case the decision rendered by the Tribunal is against the interest of petitioner, the said decision will not be enforced for a period of two weeks thereafter.
(iv) It is made clear that if the petitioner does not approach the Tribunal within two weeks from today, the interim protection granted, today, will stand dissolved. To be noted, Mr. Rajiv Kapur, who appears on behalf of the State Bank of India/respondent No.3 informs me that a communication dated 26.04.2018 was sent to the official respondents i.e., the beneficiaries, informing them that there have been no invocation of the subject bank guarantee for the reasons given therein. In these circumstances, for the moment no order needs to be passed qua the subject bank guarantee. The aforementioned interim protection granted by me is confined to the contents of the notice dated 25.04.2018. In other words what is stated at the foot of the impugned notice in the form of a directive to the State Bank of India/respondent no. 3 will not be covered by the interim directions passed today Petition is disposed of in the above terms. Dasti under the signatures of the Court Master.
MAY 03, 2018 A * + W.P.(C) 674/2015 & C.M. Appl. No.1181/2015
SAI CINE PRODUCTIONS ..... Petitioner Through Proxy counsel for the petitioner (appearance not given.)
CENTRAL BOARD OF FILM CERTIFICATION AND ORS ..... Respondents Through Ms. Maninder Acharya, ASG with Mr. Anurag Ahluwalia, CGSC with Mr. Harshul Choudhary, Mr. Sahil Sood, Ms. Tejaswita, Mr. Prakash, Mr. Mahesh Kumar and Mr. Viplav Acharya, Advs for UOI.
%
03.05.2018
Request for accommodation is made on behalf of Mr. Gonsal. Renotify the matter on 19.07.2018.
MAY 03, 2018 A * + W.P.(C) 8484/2015 & C.M. Appl. No.18230/2015
KARTAR SINGH & ORS ..... Petitioners
Through Ms. Jagriti Ahuja, Adv.
UNION OF INDIA & ORS ..... Respondents Through Mr. Ajay Verma and Mr. Arjun Pant, Advs.
%
03.05.2018 Learned counsel for the parties say that since the petitioners" review petition is pending in the Supreme Court, the matter be stood over. At request, renotify the matter on 30.11.2018.
MAY 03, 2018 A * + W.P.(C) 2428/2015 & C.M. Appl Nos.4371/2015 & 12669/2016
TEK CHAND NARULA & ORS. ..... Petitioners Through Mr. S.N Chaudhari and Ms. Shruti Chaudhary, Advs.
UNION OF INDIA & ORS. ..... Respondents Through Mr. K.K. Jha, Adv. Mr. Santosh Kr. Tripathi, ASC with Mr. Shashank Tiwari and Mr. Parth Vasisth, Advs for GNCTD.
Mr. R.N. Vats, Standing Counsel for NDMC with Mr. Karan Kapur and Mr. Akshat Gupta, Advs.
%
03.05.2018 Mr. Chaudhari has completed his submissions in the matter and written submissions filed by him are also on record. Mr. Jha says that he is not well and, therefore, a short accommodation be given. Renotify the matter on 05.07.2018. Mr. Jha will file his written submissions within two weeks from today.
MAY 03, 2018 A * + W.P.(C) 4946/2015 & C.M. Appl. Nos.8942/2015, 12422-31/2015
PRAKASH KEJRIWAL ..... Petitioner Through Mr. Abhishek Saket, Ms. Vijaya Singh, Mr. Manish Madhukar, Ms. Shabana Farah and Mr. Rahul Dubey, Advs.
LT. GOVERNOR NCT & ORS ..... Respondents Through Mr. Santosh Kr. Tripathi, ASC with Mr. Shashank Tiwari and Mr. Parth Vasisth, Advs for GNCTD.
Mr. Tarveen Singh Nanda, Advocates for R-2 & R-3. SI Ram Tirath and ASI Kishan Pal, from Traffic Police.
%
03.05.2018 In this writ petition, in effect, the grievance raised by the petitioner is with regard to the central verge erected on the road running between Greater Kailash Part II from the entry point of W Block to Alaknanda. Learned counsel for the petitioner, however, concedes that the National Green Tribunal (NGT), vide its order dated 01.05.2015, has, in fact, put its seal of approval on the said central verge being retained.
2.1 I am also told by the counsel for the petitioner that the very same order of the NGT has been assailed by another entity (i.e. Don Bosco School) before the Supreme Court. Counsel for the petitioner, thus, seeks liberty to take recourse to an appropriate proceeding to assail the said order, given the aforementioned circumstances. Writ petition is disposed of with liberty, as prayed All pending applications will also stand closed.
MAY 03, 2018 A
* + W.P.(C) 7984/2007 & CM APPL.15091/2007
NATIONAL MINERAL DEVLOPMENT CORPORATION ..... Petitioner Through Mr. K. Raghavacharyulu, Mr. Kailash Pandey and Mr. Ranjeet Singh, Advocates
GOVT OF INDIA & ORS
..... Respondent Through Ms. Anjana Gosain, Ms. Rabiya Singh Thakur & Ms. Shalini Nair, Advocates for UOI Mr. Atul Jha & Mr. Sandeep Jha, Advocates for State of Chattisgarh (R-2) Ms. Niyati Kohli, Advocate for R-3
WITH
W.P.(C) 9583/2007 & CM APPL.18004/2007
NATIONAL MINERAL DEVELOPMENT CORPORATION ..... Petitioner Through Mr. K. Raghavacharyulu, Mr. Kailash Pandey and Mr. Ranjeet Singh, Advocates
GOVT. OF INDIA & ORS
..... Respondent Through Ms. Anjana Gosain, Ms. Rabiya Singh Thakur & Ms. Shalini Nair, Advocates for UOI Mr. Atul Jha & Mr. Sandeep Jha, Advocates for State of Chattisgarh (R-2) Ms. Niyati Kohli, Advocate for R-3 WITH
W.P.(C) 9584/2007 & CM APPL.18007/2007
NATIONAL MINERAL DEVELOPMENT CORPORATION ..... Petitioner Through Mr. K. Raghavacharyulu, Mr. Kailash Pandey and Mr. Ranjeet Singh, Advocates
GOVERNMENT OF INDIA & ORS
..... Respondent Through Ms. Anjana Gosain, Ms. Rabiya Singh Thakur & Ms. Shalini Nair, Advocates for UOI Mr. Atul Jha & Mr. Sandeep Jha, Advocates for State of Chattisgarh (R-2) Ms. Niyati Kohli, Advocate for R-3
AND
W.P.(C) 9585/2007 & CM APPL.18008/2007
NATIONAL MINERAL DEVELOPMENT CORPORATION ..... Petitioner Through Mr. K. Raghavacharyulu, Mr. Kailash Pandey and Mr. Ranjeet Singh, Advocates
GOVT. OF INDIA & ORS
..... Respondent Through Ms. Anjana Gosain, Ms. Rabiya Singh Thakur & Ms. Shalini Nair, Advocates for UOI Mr. Atul Jha & Mr. Sandeep Jha, Advocates for State of Chattisgarh (R-2) Ms. Niyati Kohli, Advocate for R-3
%
03.05.2018
¶1At joint request of counsels for parties, renotify the matter on
14.11.2018.
MAY 03, 2018/ab * + W.P.(C) 6395/2016 & CM APPL.26145/2016
APEX LABORATORIES PVT. LTD. & ANR ..... Petitioner Through Mr. Abir Roy & Ms. Darpan Bhuyan, Advocates
THE COMPETITION COMMISSION OF INDIA & ORS ..... Respondent Through Mr. Vaibhav Gaggan, Ms. Neha Mishra & Ms. Aayushi Sharma, Advocates for R-1
Mr. Amit Gupta & Mr. Anshul Saroha, Advocates for R-3
%
03.05.2018
¶1At joint request of counsels for parties, renotify the matter on
19.11.2018.
MAY 03, 2018/ab * + W.P.(C) 4187/2007 & C.M. APPL. No.7873/2007
UOI
..... Petitioner
Through Mr. Dev P. Bhardwaj, CGSC for UOI
MS. VEENA SIKRI
..... Respondent
Through Mr. Asif Ahmed, Advocate
%
03.05.2018
¶1I am informed by counsels for the parties that LPA No.347/2010 is still pending adjudication.
¶2Accordingly, accommodation is sought.
¶3At joint request, renotify the matter on 28.11.2018.
MAY 03, 2018/ab * + W.P.(C) 2449/2018 & CM APPL.10186/2018
ABHAY KHANNA
..... Petitioner Through Mr. Manish Tewari & Mr. Amit A Pal, Advocates
UNION OF INDIA AND ANR.
..... Respondent Through Mr. D. Gaurav Rohilla, Advocate for Mr. Ajay Digpaul, Advocate
%
03.05.2018
¶1A request for accommodation is made on behalf of Mr. Ajay Dispaul on the ground that he is ill.
¶2During the course of arguments, Mr. Rohilla, who appears on behalf of the respondents, says that there are certain additional documents which need to be filed in the matter.
¶3Liberty in that behalf is granted provided the filings so made is supported by an affidavit. The copies of additional documents and the affidavit filed along with will be provided to counsel for the petitioner.
¶4Renotify the matter on 05.07.2018.
MAY 03, 2018/ab * + W.P.(C) 237/2018 & CM APPL.13567/2018
S. B. INTERNATIONAL
..... Petitioner
Through
THE ASSISTANT DIRECTOR, DIRECTORATE OF REVENUE INTELLINGENCE AND ORS. ..... Respondent Through Mr. Aditya Singla, Sr. Standing Counsel for DRI
%
03.05.2018
CM Appl.13567/2018
¶1This is an application seeking modification of the order dated
05.02.2018 passed by Hon"ble Mr. Justice Vibhu Bakhru.
¶2Accordingly, list this matter before the same bench on
11.05.2018, subject to the orders of Hon"ble Acting Chief Justice.
MAY 03, 2018/ab * + W.P.(C) 5131/2017
SONU
..... Petitioner
Through Mr. Avtar Singh, Advocate
THE DEPARTMENT OF EXCISE, ENTT. & LUXURY TAX & ANR ..... Respondent
Through
%
03.05.2018
¶1Counsel for petitioner seeks to withdraw the present writ petition.
¶2Accordingly, the writ petition is dismissed as withdrawn.
MAY 03, 2018/ab * + W.P.(C) 3885/2017 & CM APPL.17141/2017
MAHESH KUMAR
..... Petitioner
Through Mr. Yogesh Saini, Advocate
UNION OF INDIA AND ORS
..... Respondent Through Ms. Ruchi Jain, Advocate for R-1
Ms. Warisha Farasat, Advocate for R-2 SI Vishal Tiwari, PS Ambedkar Nagar
%
03.05.2018
¶1Ms. Warisha Farasat, who appears for respondent no.2/Delhi Police seeks time to file a counter affidavit.
¶2Let the needful be done within four weeks.
¶3Rejoinder thereto, if any, to the counter affidavit be filed before next date of hearing.
¶4Renotify the matter on 10.09.2018.
¶5Interim order will continue to operate, in the meanwhile.
MAY 03, 2018/ab * + W.P.(C) 974/2017
RAVISH KUMAR & ORS
..... Petitioner Through Mr. Mohd. Shshir Sarwar, Advocate for Mr. R. K. Sdini, Advocate
GOVERNMENT OF NCT OF DELHI & ORS ..... Respondent Through Mr. Gautam Narayan, ASC for GNCTD with Ms. Mahamaya Chatterjee, Advocate
%
03.05.2018
¶1Once again, time is sought to file a rejoinder.
¶2The request is not opposed by Mr. Narayan.
¶3Accordingly, petitioners are granted three weeks to file a rejoinder in the matter.
¶4Renotify the matter on 09.10.2018.
MAY 03, 2018/ab * + W.P.(C) 575/2017 & CM APPL.2642/2017
VISHAL INTERNATIONAL
..... Petitioner Through Mr. B. K. Singh, Mr. P. S. Bhullar & Mr. A. Kishore, Advocates
UNION OF INDIA & ORS
..... Respondent
Through
%
03.05.2018
CM Appl.2642/2017
¶1Record shows that on 23.01.2017 interim order was passed by this court.
¶2There is no representation on behalf of respondents.
¶3Interim order dated 23.01.2017 is made absolute during the pendency of the writ petition.
¶4Accordingly, CM Appl.2642/2017 is disposed of. W.P.(C) NO.575/2017
¶5Renotify the matter on 14.11.2018.
MAY 03, 2018/ab * + W.P.(C) 11816/2016, CM APPL.46611/2016 & CM APPL.2360/2017
MOHD MAQBOOL
..... Petitioner
Through Ms. Seema Seth, Advocate
GOVT OF NCT OF DELHI AND ORS
..... Respondent Through Mr. Yeeshu Jain, Advocate for R-1 Mr. Dhanesh Relan, Standing Counsel for DDA with Ms. Gauri Chaturvedi & Ms. Mrinalini Sharma, Advocate Mr. Prateek Dahiya, Advocate for R-2 SI Shyam Lal Dagar, PS Pal Prahladpur, South East Distt.
%
03.05.2018
¶1Sh. Dhanesh Relan, who appears for DDA, submits that a counter affidavit was filed with the Registry on 02.05.2018 vide diary no.124247.
¶2Mr. Relan will furnish a copy of the counter affidavit to learned counsel for the petitioner.
¶3Rejoinder thereto, if any, be filed before the next date of hearing.
¶4Mr. Dahiya, who appears for respondent no.2, seeks and is granted three weeks time to file a counter affidavit.
¶5Rejoinder, if any, to the counter affidavit filed by respondent no.2 will be filed before the next date of hearing.
¶6Renotify the matter on 14.11.2018.
MAY 03, 2018/ab * + W.P.(C) 10484/2016, CM APPL.41128/2016 & CM APPL.653/2017
RAMESH THANWARDASS
..... Petitioner
Through Mr. Pawan Kawrani, Advocate
GOVT. OF NCT OF DELHI & ANR
..... Respondent Through Mr. Sanjay Dewan & Ms. Palak Rohmetra, Advocates for R-1 Mr. N. K. Singh, Advocate for Ms. Avnish Ahlawat, Advocate for R-2
%
03.05.2018 Preliminary objection has been taken by counsel for respondent no.2.
1.1 Learned counsel says that neither the assessment order nor the order of the appellate authority has been challenged by the petitioner. Faced with this situation, counsel for the petitioner says that he will take corrective action. 3 At request, renotify the matter on 22.10.2018. CM No.41128/2016 In view of the aforesaid situation obtaining the captioned application, at present, is not sustainable. Accordingly, the same is dismissed.
MAY 03, 2018/ab * + W.P.(C) 10421/2016
DELHI ANUSUCHIT JATI VIKAS SANGTHAN ..... Petitioner Through Mr. Vikas Bapurao Pakmiddey, Advocate
DEPARTMENT FOR THE WELFARE OF SC/ST/OBC/MINORITIES & ANR
..... Respondent Through Mr. Mukesh Gupta, Standing Counsel for NDMC
Mr. Sumit Jidani, Advocate for GNCTD
%
03.05.2018
¶1Counsel for respondent no.1 is present in court. Learned counsel submits that he has been recently appointed as a panel lawyer and therefore, would require a short accommodation.
¶2The request for accommodation is not opposed by counsel for the petitioner.
¶3Accordingly, renotify the matter on 25.09.2018.
MAY 03, 2018/ab * + W.P.(C) 8284/2016
MANAV SEWA KUSTH SAMITI AND ORS ..... Petitioner Through Mr. Harsh Singhal, Advocate for Mr. Neeraj Kr. Sharma, Advocate
GOVT OF NCT OF DELHI AND ORS
..... Respondent Through Ms. Prabhsahay Kaur, Adv. for GNCTD Mr. G. D. Mishra, Standing Counsel for R-4/EDMC Mr. Ashutosh Ghade & Mr. Nikhil Goel, Advocates for DDA
%
03.05.2018
¶1A request is made on behalf of learned counsel for petitioner to file a rejoinder.
¶2Counsel for respondents submits that a counter affidavit has already been filed.
¶3Petitioners are at liberty to file a rejoinder thereto, if any, before the next date of hearing.
¶4Renotify the matter on 20.11.2018.
MAY 03, 2018/ab * + W.P.(C) 6207/2016
HARVINDER SINGH GHAI
..... Petitioner
Through Ms. Kavita, Advocate
THE ADDITIONAL COMMISSIONER OF CUSTOMS (AIRPORT) ..... Respondent
Through Mr. Sanjeev Narula, SSC for Customs
%
03.05.2018
¶1Accommodation is sought on behalf of Mr. V. S. Negi, on the ground that he is not well.
¶2The request is not opposed by counsel for the respondent.
¶3At request, renotify the matter on 19.11.2018.
MAY 03, 2018/ab
* + W.P.(C) 9587/2015
SUDHA RANI GUPTA AND ORS
..... Petitioners Through Mr. Anil Sharma, Mr. Arun Baali & Mr. Kunal Nath, Advocates
GOVT OF NCT AND ANR
..... Respondents Through Mr. Dhananjaya Mishra, Advocate for R-1&2 Mr.V. P. Rana with Ms.Pooja Wason, Advocates for R-3
%
03.05.2018
¶1Counsel for petitioners seeks to withdraw the present writ petition.
¶2Accordingly, the writ petition is dismissed as withdrawn.
MAY 03, 2018/ab * + W.P.(C) 3020/2014 & CM APP No.6315/2014, 18076/2014
NOVARTIS INDIA LIMITED AND ANR ..... Petitioner
Through: Mr. Manoj, Adv.
NATIONAL PHARMACEUTICAL PRICING AUTHORITY AND ANR
..... Respondent Through: Mr. Kirtiman Singh, CGSC with Mr. Waize Ali Noor, Mr. Prateek Dhana and Mr. Saeed Qadri, Advs. for UOI.
Mr. Anjana Gosain with Ms. Rabiya Singh Thakur and Ms. Shalini Nair, Advs. for R-3 & 4.
%
03.05.2018
¶1Mr. Manoj, who appears for the petitioners, has argued in the opening.
¶2Renotify the matter for further arguments on 19.7.2018.
MAY 03, 2018/pmc * + W.P.(C) 7983/2012 & CM APP No.19969/2012
M/S KHUSHI RAM BEHARI LAL
..... Petitioner
Through: None.
M/S JASWANT SINGH BALWANT SINGH ..... Respondent
Through: None.
%
03.05.2018
¶1There is no representation on behalf of the parties.
¶2Adverse orders are deferred.
¶3Renotify the matter on 28.11.2018.
MAY 03, 2018/pmc * + W.P.(C) 5515/2016 & CM APP No.23069/2016
GURU HARKRISHAN PUBLIC SCHOOL ..... Petitioner Through: Mr. Aditya Madan, Adv. for Mr. Jasmeet Singh, Adv.
DEPUTY DIRECTOR OF EDUCATION AND ANR..... Respondent Through: Mr. Santosh Kr. Tripathi, ASC with Mr. Shashank Tiwari, Adv. for DOE.
+ W.P.(C) 6934/2016 & CM APP No.28476/2016
GURU HARKRISHAN PUBLIC SCHOOL ..... Petitioner Through: Mr. Aditya Madan, Adv. for Mr. Jasmeet Singh, Adv.
DEPUTY DIRECTOR OF EDCUATION AND ANR ..... Respondent Through: Mr. Kanishk Rana, Adv. for Mr. Anuj Aggarwal, ASC for DOE.
%
03.05.2018
¶1A request for accommodation is made on behalf of Mr. Jasmeet Singh on the ground that he has taken ill. Request is not opposed by the counsel for the respondents.
¶2Renotify the matter on 20.11.2018.
MAY 03, 2018/pmc * + W.P.(C) 4572/2018
RAGHVENDRA AGARWAL AND ORS ..... Petitioner Through: Mr. Vivek Malik with Mr. Dhawal Jain, Advs.
UNION OF INDIA AND ORS.
..... Respondent Through: Mr. Ripu Daman Bhardwaj, CGSC with Mr. T.P. Singh, Adv. for UOI.
%
03.05.2018
¶1The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶2In this matter, I am informed by the learned counsel for the official respondents 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.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: Hindustan Biodiesel Private Limited (hereinafter referred to as "Company").
¶4To be noted, this matter came up for hearing on 01.05.2018 before this Court, where, the petitioners sought time to file an additional affidavit to bring on record the fact that the Company had neither carried on any business nor operated any bank account.
4.1 It is in this background that petitioner no. 2 to 4 have filed affidavits dated
02.05.2018.
4.2 The petitioners, thus, state that the Company has not carried on any business and has not operated its bank account since 2011. 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.
¶5Counsel for writ petitioner(s) is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Since the captioned writ petition was filed before the Condonation of Delay Scheme, 2018 ("Scheme") was to expire, and information was sought by the Court, this writ petition can be disposed of based on directions passed in other matters. 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 Scheme. Permission is granted to make the requisite filings in the form of hard copies in consonance with Division Bench-I order dated 27.04.2018, passed in W.P. (C) 4481/2018, titled: Rajesh Choudhary v. Union Of India and Anr.
(iv) The writ petitioner will deposit, if not deposited already, a 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.
¶7Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶8The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union of India and Ors.
¶9Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶10Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶11Pending application(s), if any, shall stand closed.
¶12It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶13Dasti under signatures of the Court master.
MAY 03, 2018/pmc * + W.P.(C) 11149/2005
M/S P.M.DIESELS P. LTD. ..... Petitioner
Through Mr. Divisht Kaushik, Adv
M/S THUKRAL MECHANCIAL WORKS & ..... Respondent Through Mr. Vivek Goyal, CGSC with Mr. Harsh Pandit, Adv for UOI.
%
04.05.2018 Learned counsels for the parties submit that they are awaiting the decision of IPAB and therefore the captioned matter be stood over. At request, renotify on 14.11.2018.
MAY 04, 2018 A * + W.P.(C) 11962/2005
M/S P.M.DIESELS P. LTD. ..... Petitioner
Through Mr. Divisht Kaushik, Adv
M/S THUKRAL MECHANCIAL WORKS & ..... Respondent Through Mr. Vivek Goyal, CGSC with Mr. Harsh Pandit, Adv for UOI.
%
04.05.2018 Learned counsels for the parties submit that they are awaiting the decision of IPAB and therefore the captioned matter be stood over. At request, renotify on 14.11.2018.
MAY 04, 2018 A * + W.P.(C) 11963/2005
M/S P.M.DIESELS P. LTD. ..... Petitioner
Through Mr. Divisht Kaushik, Adv
M/S THUKRAL MECHANCIAL WORKS & ..... Respondent Through Mr. Vivek Goyal, CGSC with Mr. Harsh Pandit, Adv for UOI.
%
04.05.2018 Learned counsels for the parties submit that they are awaiting the decision of IPAB and therefore the captioned matter be stood over. At request, renotify on 14.11.2018.
MAY 04, 2018 A * + W.P.(C) 12002/2005
M/S P.M.DIESELS P. LTD. ..... Petitioner
Through Mr. Divisht Kaushik, Adv
M/S THUKRAL MECHANCIAL WORKS & ..... Respondent Through Mr. Vivek Goyal, CGSC with Mr. Harsh Pandit, Adv for UOI.
%
04.05.2018 Learned counsels for the parties submit that they are awaiting the decision of IPAB and therefore the captioned matter be stood over. At request, renotify on 14.11.2018.
MAY 04, 2018 A * + W.P.(C) 12006/2005
M/S P.M.DIESELS P. LTD. ..... Petitioner
Through Mr. Divisht Kaushik, Adv
M/S THUKRAL MECHANCIAL WORKS & ..... Respondent Through Mr. Vivek Goyal, CGSC with Mr. Harsh Pandit, Adv for UOI.
%
04.05.2018 Learned counsels for the parties submit that they are awaiting the decision of IPAB and therefore the captioned matter be stood over. At request, renotify on 14.11.2018.
MAY 04, 2018 A * + W.P.(C) 12063/2005
M/S P.M.DIESELS P. LTD. ..... Petitioner
Through Mr. Divisht Kaushik, Adv
M/S THUKRAL MECHANCIAL WORKS & ..... Respondent Through Mr. Vivek Goyal, CGSC with Mr. Harsh Pandit, Adv for UOI.
%
04.05.2018 Learned counsels for the parties submit that they are awaiting the decision of IPAB and therefore the captioned matter be stood over. At request, renotify on 14.11.2018.
MAY 04, 2018 A * + W.P.(C) 12069/2005
M/S P.M.DIESELS P.LTD. ..... Petitioner
Through Mr. Divisht Kaushik, Adv
M/S THUKRAL MECHANCIAL WORKS & ..... Respondent Through Mr. Vivek Goyal, CGSC with Mr. Harsh Pandit, Adv for UOI.
%
04.05.2018 Learned counsels for the parties submit that they are awaiting the decision of IPAB and therefore the captioned matter be stood over. At request, renotify on 14.11.2018.
MAY 04, 2018 A * + W.P.(C) 12070/2005
M/S P.M.DIESELS P. LTD. ..... Petitioner
Through Mr. Divisht Kaushik, Adv
M/S THUKRAL MECHANCIAL WORKS & ..... Respondent Through Mr. Vivek Goyal, CGSC with Mr. Harsh Pandit, Adv for UOI.
%
04.05.2018 Learned counsels for the parties submit that they are awaiting the decision of IPAB and therefore the captioned matter be stood over. At request, renotify on 14.11.2018.
MAY 04, 2018 A * + W.P.(C) 12071/2005
M/S P.M.DIESELS P. LTD. ..... Petitioner
Through Mr. Divisht Kaushik, Adv
M/S THUKRAL MECHANCIAL WORKS & ..... Respondent Through Mr. Vivek Goyal, CGSC with Mr. Harsh Pandit, Adv for UOI.
%
04.05.2018 Learned counsels for the parties submit that they are awaiting the decision of IPAB and therefore the captioned matter be stood over. At request, renotify on 14.11.2018.
MAY 04, 2018 A * + W.P.(C) 12072/2005
M/S P.M.DIESELS P. LTD. ..... Petitioner
Through Mr. Divisht Kaushik, Adv
M/S THUKRAL MECHANCIAL WORKS & ..... Respondent Through Mr. Vivek Goyal, CGSC with Mr. Harsh Pandit, Adv for UOI.
%
04.05.2018 Learned counsels for the parties submit that they are awaiting the decision of IPAB and therefore the captioned matter be stood over. At request, renotify on 14.11.2018.
MAY 04, 2018 A * + W.P.(C) 5656/2012
C.M.MATHEW AND ANR ..... Petitioners Through Mr. Manoj V. George, Ms. Shilpa Liza George and Mr. Francis S. Correa, Advs.
UNION OF INDIA AND ORS ..... Respondents Through Mr. Anil Soni and Mr. Abhinav Tyagi, Advocates for R-1. Ms. Sanya Talwar, Advocate for R-2. Mr. Rajmangal Kumar, Advocate for Mr. S.K. Dubey, Advocate for R-4.
%
04.05.2018 C.M. Appl. No.18094/2018 An early hearing application has been moved on behalf of the petitioner. Counsel for the petitioner says that he was not informed that a request for adjournment would be made to the Court. Having regard to the assertions made in the application, the date already fixed i.e., 16.11.2018 is cancelled. Renotify the matter on 06.09.2018 at the end of "After Notice Misc. Matters". Application disposed of in the above terms.
MAY 04, 2018 A * + W.P.(C) 7728/2016
DEDICATED TO AVIATION SAFETY AND HEALTH ..... Petitioner Through Mr. Vivek Kohli, Ms. Anubha Singh, Ms. Aishwarya Kaushiq with Ms. Gayatri Nandwani, Advocates.
DIRECTOR GENERAL OF CIVIL AVIATION (DGCA) & ORS. ..... Respondents Through Ms. Anjana Gosain, Ms. Rabiya Singh Thakur and Ms. Shalini Nair, Advocates.
Mr. Lalit Bhasin, Ms. Ratna Dwivedi Dhingra, Ms. Bhanuja Dhami and Mr. Ajay Pratap Singh, Advocates for R-
4.
%
04.05.2018 C.M. Appl. No18192/2018 This is an application filed by DGCA for seeking enlargement of time. The time frame was fixed by this Court vide order dated
02.02.2018. Issue notice. Mr. Kohli accepts notice on behalf of the non-applicant/petitioner. Mr. Bhasin accepts notice on behalf of the non-applicant/respondent No. 2. Mr. Kohli and Mr. Bhasin say that they have no objection to the prayer made in the application. Accordingly, the time frame is extended by a further period of 8 weeks subject to the DGCA/applicant"s uploading the draft CAR by
15.05.2018. Needless to say that the draft CAR will be uploaded for inviting objections, if any. Pending the finalization of the fresh CAR, the existing CAR will continue to operate. Application disposed of. Order dasti under signatures of the Court Master.
MAY 04, 2018 A * + W.P.(C) 3839/2018
KARTIKEYA SHARMA AND ANR. ..... Petitioners
Through Ms. Mudrika Bansal, Advocate.
REGISTRAR OF COMPANIES AND ORS. ..... Respondents Through Mr. Gaurang Kanth, CGSC with Ms. Eshita Baruah, Advocae.
%
04.05.2018 C.M. Appl. No.18191/2018 Issue notice. Ms. Eshita Baruah accepts notice on behalf of the official respondents. By this application, the petitioners seek extension of time to comply with the directions contained in the order dated 18.04.2018. The prayer made in the application is not opposed by the counsel for the official respondents. Accordingly, the prayer is allowed. The petitioners will comply with the directions contained in the order dated 18.04.2018, latest by, 15.05.2018. Application is disposed of in the aforementioned terms. Order dasti under signatures of the Court Master.
MAY 04, 2018/A * + W.P.(C) 4532/2018 & C.M. Appl. No.17521/2018
ARUN KAPOOR
..... Petitioner Through Mr. Kanav Dev Sharma and Mr. Manu Dev Sharma, Advocates.
UNION OF INDIA AND ANR. ..... Respondents Through Mr. Dev P. Bhardwaj, CGSC with Ms. Anubha Bhardwaj and Mr. Kanishk Arora, Advocates for R-1 & R-2.
%
04.05.2018
¶1On the last date i.e. 01.05.2018, the following order was passed:- "1. Learned counsel for the petitioner states that the defaulting company i. e. Tarz Support Services Private Ltd. had on its Board two Directors i.e. the writ petitioner herein (Mr. Arun Kapoor) and another person by the name of Mr. Sachin Dev Sharma.
¶2Learned counsel for the petitioner states that after Mr. Sachin Dev Sharma took steps to avail of the benefit of the CODS-20 18 his name was removed from the impugned list of disqualified directors. It is stated that insofar as the petitioner is concerned, his name has not been excluded from the said list.
¶3Mr. Kanishk who appears for the official respondents states that he will obtain instructions in the matter.
¶4List on 4th May, 201 8." W.P.(C) 4532/2018
¶2Mr. Bhardwaj has returned with instructions. Learned counsel says that, inadvertently, the writ petitioner"s name was not removed from the list of disqualified directors. It is submitted that the petitioner"s name will be removed by the ROC from the list of disqualified directors within three weeks from today.
¶3In these circumstances, the writ petition is disposed of based on the statement made by Mr. Bhardwaj. In the meanwhile, there shall be a stay on the operation of list of disqualified directors in so far as the writ petitioner is concerned. Furthermore, the writ petitioner"s DIN & DSC will also be activated.
¶4Dasti under signatures of the court master.
MAY 04, 2018 A
W.P.(C) 4532/2018
* + W.P.(C) 4699/2018 & C.M. Appl. Nos.18101-02/2018
NITIN AGARWAL
..... Petitioner Through: Ms. Prachee Satija and Ms. Radkhika Gupta, Advocates.
UNION OF INDIA & ANR
..... Respondents Through: Mr. P.S. Singh with Ms. Anu Singh, Advocates for R-1 & 2,
%
04.05.2018
¶1Issue notice.
¶2Mr. P.S. Singh accepts notice on behalf of the official respondents.
¶3In view of the order that I propose to pass, learned counsel for the respondents says that he does not wish to file a counter affidavit in the matter.
¶4Learned counsel for the petitioner says that the defaulting company is an entity by the name Exey Technologies Private Limited
(ETPL).
4.1 It is stated that ETPL at the relevant point in time had on its Board two Directors, that is, the petitioner and, one, Mr. Rajesh Choudhary.
4.2 It is further stated that Mr. Rajesh Choudhary has already moved the court by way of a writ petition, which was numbered as W.P.(C)4481/2018. I am also informed that the said writ petition came up for hearing before the Division Bench -I. W.P.(C) 4699/2018
4.3 Learned counsel, in this behalf, has drawn my attention to Annexure A-1 appended to affidavit dated 03.05.2018, filed by Mr. Rajesh Choudhary, which has been placed before me, in Court, today. Annexure A-1 includes a copy of the order dated 27.04.2018, passed in W.P. (C) No.4481/2018, titled: Rajesh Choudhary vs. Union of India and others.
4.4 Vide this order, the Division Bench has permitted Mr. Rajesh Choudhary to avail of the benefits of Condonation of Delay Scheme, 2013 (in short "Scheme"). Furthermore, the Division Bench has also issued a direction to activate Mr. Rajesh Choudhary"s DIN.
¶5Learned counsel for the petitioner says that Mr. Rajesh Choudhary is in the process of making the requisite filings in terms of the directions contained in the order dated 27.04.2018.
¶6Given this background, the only direction that the petitioner seeks is that his DIN and DSC be re-activated.
6.1 Mr. Singh, says, having regard to the order passed by the Division Bench, he does not wish to oppose the prayer made to this court.
¶7Thus, having regard to the aforementioned circumstances, the ROC is directed to activate the petitioner"s DIN and DSC. This direction is issued with the caveat and the assurance of the petitioner"s counsel that Mr. Rajesh Choudhary will take the steps as envisaged in the Division Bench"s order, dated 27.04.2018. In case the directions contained in the said order are not complied with, the ROC will be at liberty to withdraw and/or de-activate the petitioner"s W.P.(C) 4699/2018
DIN and DSC.
¶8The Registry will scan and upload the affidavit of Mr. Rajesh Choudhary, dated 03.05.2018, along with Annexure A-1, for the purposes of record.
¶9Petition is disposed of in the aforesaid terms.
¶10Pending applications shall stand closed.
¶11Dasti under signatures of the Court Master.
MAY 04, 2018 A
W.P.(C) 4699/2018
* + W.P.(C) 4785/2018
MANOJ BHARGAVA ..... Petitioner Through Mr. Sarwar Raza, Mr. Shubham Mohanti and Mr. Takrim Khan, Advs.
UNION OF INDIA AND ORS. ..... Respondents
Through Mr. A.P. Singh, Adv for UOI.
%
04.05.2018 C.M. Appl. No.18445/2018 Allowed, subject to all just exceptions. W.P.(C) 4785/2018 Issue notice. Mr. A.P. Singh accepts notice on behalf of the respondents. Counter affidavit be filed within a period of four weeks. Rejoinder thereto, if any, be filed before the next date. Renotify the matter on 01.08.2018.
MAY 04, 2018 A
* + W.P.(C) 4701/2018
NEERAJ KUMAR SHARMA ..... Petitioner Through Mr. Sarwar Raza, Mr. Shubham Mahanti and Mr. Takrim Khan, Advocates.
UNION OF INDIA AND ORS. ..... Respondent Through Mr. Pratyush Miglani, Advocate for R-1 & 2.
%
04.05.2018 C.M. Appl. No.18105/2018 Allowed, subject to all just exceptions. W.P.(C) 4701/2018 Issue notice. Mr. Pratyush Miglani accepts notice on behalf of the respondents. Counter affidavit be filed within a period of four weeks. Rejoinder thereto, if any, be filed before the next date. Renotify the matter on 01.08.2018.
MAY 04, 2018 A * + W.P.(C) 4702/2018 & C.M. Appl Nos.18106-07/2018
VIKRAM SINGH CHAUHAN AND ANR. ..... Petitioner
Through Ms. Madhavi Khare, Advocate.
REGISTRAR OF COMPANIES AND ORS. ..... Respondents Through Mr. Ripu Daman Bhardwaj, CGSC with Mr. T.P. Singh, Advocate for UOI.
%
04.05.2018 Learned counsel for the petitioner seeks to withdraw the writ petition with liberty to approach the NCLT to revive the defaulting company. Writ petition is dismissed as withdrawn with liberty as prayed for. All pending applications shall stand closed.
MAY 04, 2018 A * + W.P.(C) 4713/2018
KUMAR DHANANJAY RAKESH ..... Petitioner Through Mr. Shubham Mahanti, Mr. Sarwar Raza and Mr. Takrim Khan, Advcoates.
UNION OF INDIA AND ORS. ..... Respondents Through Mr. Pratyush Miglani, Advocate
%
04.05.2018 Issue notice. Mr. Pratyush Miglani accepts notice on behalf of the respondents. Counter affidavit be filed within a period of four weeks. Rejoinder thereto, if any, be filed before the next date. Renotify the matter on 05.09.2018.
MAY 04, 2018 A * + W.P.(C) 4718/2018
SABS KPO SOLUTIONS PVT LTD & ORS ..... Petitioners
Through Mr. Arvind Kumar, Adv.
REGISTRAR OF COMPANIES & ORS ..... Respondents Through Mr. Dev P. Bhardwaj, CGSC for UOI.
%
04.05.2018 C.M. Appl. No. 18143/2018 Allowed, subject to all just exceptions. W.P.(C) 4718/2018 & C.M. Appl. No. 18142/2018 Issue notice. Mr. Dev P. Bhardwaj, CGSC accepts notice on behalf of the respondents. Counter affidavit be filed within a period of four weeks. Rejoinder thereto, if any, be filed before the next date. Renotify the matter on 06.08.2018.
MAY 04, 2018 A * + W.P.(C) 4741/2018 & C.M. Appl. Nos.18223-24/2018
RAM NIWAS BANSAL AND ANR. ..... Petitioners
Through Mr. Anurag Sharma, Adv.
UNION OF INDIA AND ORS. ..... Respondents Through Ms. Suparna Srivastava, CGSC with Mr. Tushar Mathur, Adv for R-1 & R-2.
%
04.05.2018
¶1Learned counsel for the petitioner does not press the writ petition.
¶2The same is dismissed as not pressed.
MAY 04, 2018 A * + W.P.(C) 4751/2018
MANISH AGGARWAL AND ANR. ..... Petitioner
Through None.
UNION OF INDIA AND ORS. ..... Respondent
Through
%
04.05.2018 C.M. Appl No.18288/2018 Allowed, subject to all just exceptions.
W.P.(C) 4751/2018 & C.M. Appl. No.18287/2018 There is no representation on behalf of the petitioner. Adverse orders are deferred.
¶3Renotify the matter on 7.9.2018.
MAY 04, 2018 A * + W.P.(C) 4769/2018 & C.M. Appl. No. 18420/2016
RAM DEV GUPTA ..... Petitioner
Through
UNION OF INDIA & ANR ..... Respondents Through Mr. Amit Mahajan and Ms. Shiva Lakshmi, CGSC for UOI.
%
04.05.2018 Issue notice. Mr. Amit Mahajan, CGSC accepts notice on behalf of the respondents. Counter affidavit be filed within a period of four weeks. Rejoinder thereto, if any, be filed before the next date. Renotify the matter on 20.08.2018.
MAY 04, 2018 A * + W.P.(C) 4780/2018
JYOTI KHANNA ..... Petitioner
Through None.
UNION OF INDIA AND ORS. ..... Respondents Through Mr. Abhay Prakash Sahay, CGSC with Mr. Suraj Kumar, Adv for UOI.
%
04.05.2018 C.M. Appl No.18436/2018 Allowed, subject to all just exceptions.
W.P.(C) 4780/2018 & C.M. Appl. No.18435/2018 There is no representation on behalf of the petitioner. Adverse orders are deferred.
¶3Renotify the matter on 24.08.2018.
MAY 04, 2018 A * + W.P.(C) 4786/2018 & C.M. Appl. No.18446/2018
SURUCHI SAWHNEY ..... Petitioner
Through Mr. Vivek Sibal, Adv.
UNION OF INDIA AND ANR. ..... Respondents Through Mr. Dev P. Bhardwaj, CGSC with Mr. Vivekanand Mishra, Sr. Penal Counsel for UOI.
%
04.05.2018 Issue notice. Mr. Dev P. Bhardwaj, CGSC accepts notice on behalf of the respondents. Counter affidavit be filed within a period of four weeks. Rejoinder thereto, if any, be filed before the next date. Renotify the matter on 04.09.2018.
MAY 04, 2018 A * + W.P.(C) 4680/2018
ABHISHEK GUPTA ..... Petitioner
Through Mr. Siddharth S. Dev, Adv.
NATIONAL STOCK EXCHANGE OF INDIA LIMITED AND ORS. ..... Respondents Through Mr. Sanjay Bhatt and Mr. Sumit Nagpal, Advs for R-1.
Mr. Sanyam Saxena and Mr. Sahil Khanna, Advs for R-2 with Mr. J. Srinivas, Manager.
%
04.05.2018 C.M. Appl. No.18013/2018 Allowed, subject to all just exceptions.
W.P.(C) 4680/2018 & C.M. Appl. No.18012/2018 Issue Notice. Mr. Bhatt accepts notice on behalf of respondent No. 1. Mr. Sanyam Saxena accepts notice on behalf of respondent No. 2. Notice shall issue to respondent No.3 upon the petitioner taking appropriate steps in that behalf. Record shows that the petitioner has a claim against respondent No.3 which has been admitted by respondent No. 1 i.e. National Stock Exchange of India Limited. The petitioner seeks release of the money in terms of Clause 2 (h) of the SEBI circular. Mr. Bhatt says that the Defaulters Committee constituted by respondent No. 1 is in the process of distributing the money, albeit, on a prorata basis and that he shall file a counter affidavit in that regard. Accordingly, rejoinder thereto, if any, be filed before the next date of hearing. Renotify the matter on 22.10.2018.
MAY 04, 2018 A * + W.P.(C) 4693/2018
SHASHANK GUPTA ..... Petitioner
Through Mr. Siddharth S. Dev, Adv.
NATIONAL STOCK EXCHANGE OF INDIA LIMITED AND ORS. ..... Respondents Through Mr. Sanjay Bhatt and Mr. Sumit Nagpal, Advs for R-1.
Mr. Sanyam Saxena and Mr. Sahil Khanna, Advs for R-2 with Mr. J. Srinivas, Manager.
%
04.05.2018 C.M. Appl. No.18063/2018 Allowed, subject to all just exceptions.
W.P.(C) 4693/2018 & C.M. Appl. No.18062/2018 Issue Notice. Mr. Bhatt accepts notice on behalf of respondent No. 1. Mr. Sanyam Saxena accepts notice on behalf of respondent No. 2. Notice be issued to respondent No.3 on petitioner taking appropriate steps. The record shows that the petitioner has a claim against respondent No.3 which, concededly, has been admitted by respondent No. 1 i.e. National Stock Exchange of India Limited. The petitioner seeks the release of money in terms of Clause 2 (h) of the SEBI circular. Mr. Bhatt says that the Defaulter Committee constituted by respondent No. 1 is in the process of distributing the money on a pro rata basis and that he shall file a counter affidavit in that behalf. Rejoinder thereto, if any, be filed before the next date of hearing. Renotify the matter on 22.10.2018.
MAY 04, 2018 A * + W.P.(C) 4700/2018
MADHU GUPTA ..... Petitioner
Through Mr. Siddharth S. Dev, Adv.
NATIONAL STOCK EXCHANGE OF INDIA LIMITED AND ORS. ..... Respondents Through Mr. Sanjay Bhatt and Mr. Sumit Nagpal, Advs for R-1.
Mr. Sanyam Saxena and Mr. Sahil Khanna, Advs for R-2 with Mr. J. Srinivas, Manager.
%
04.05.2018 C.M. Appl. No.18104/2018 Allowed, subject to all just exceptions.
W.P.(C) 4700/2018 & C.M. Appl. No.18103/2018 Issue Notice. Mr. Bhatt accepts notice on behalf of respondent No. 1. Mr. Sanyam Saxena accepts notice on behalf of respondent No. 2. Notice shall issue to respondent No.3 upon the petitioner taking appropriate steps in that behalf. Record shows that the petitioner has a claim against respondent No.3 which has been admitted by respondent No. 1 i.e. National Stock Exchange of India Limited. The petitioner seeks release of the money in terms of Clause 2 (h) of the SEBI circular. Mr. Bhatt says that the Defaulters Committee constituted by respondent No. 1 is in the process of distributing the money, albeit, on a prorata basis and that he shall file a counter affidavit in that regard. Accordingly, rejoinder thereto, if any, be filed before the next date of hearing. Renotify the matter on 22.10.2018.
MAY 04, 2018 A * + W.P.(C) 4729/2018 & C.M. Appl. No.18164-65/2018
FLINSTONETECHNOLOGIES PVT. LTD. ..... Petitioner Through Mr. Salman Kurshid, Sr. Adv with Mr. Sameer Kumar, Mr. Prateek Singh Chaudhary, Mr. Aman Khullar and Ms. Kanika, Advs.
RESERVE BANK OF INDIA AND ORS. ..... Respondents Through Mr. H.S. Parihar and Mr. K.S. Parihar, Advs for R-1.
Mr. Gaurang Kanth, CGSC with Ms. Eshita Baruah, Adv for R-2.
Mr. Amit Bansal and Mr. Akhil Kulshreshtha, Advs for R-3.
%
04.05.2018 Learned counsel for the parties informs me that the issue which arises in the captioned writ petition is similar to the issue which arises in the writ petition No. 3677/2018, titled: Kali Digital Ecosystems Pvt. Ltd. vs. Reserve Bank of India & Others. I am informed that the said writ petition is being heard by the Division Bench. Accordingly, at request of the counsel for the parties, list the captioned writ petition before the Division Bench before whom W.P.(C) No.3677/2018 is placed for hearing on 24.05.2018 subject to orders of the Hon"ble Acting Chief Justice.
MAY 04, 2018/A
* + W.P.(C) 4703/2018
YOGESH BHATIA
..... Petitioner
Through Ms. Gurmeet Bindra, Adv.
UNION OF INDIA
..... Respondent Through Mr. Rakesh Kumar, CGSC with Mr. Santosh Kumar Pandey, Govt. Pleader
%
04.05.2018 C.M. Appl. No.18109/2018 Allowed, subject to all just exceptions. W.P.(C) 4703/2018 & C.M. Appl. No.18108/2018 Mr. Rakesh Kumar, CGSC accepts notice on behalf of the respondent. The substantive prayer made in the petition is as follow:- "Issue a Writ of Mandamus, or any other appropriate Writ/Order or Direction to the Respondent to either allow the Petitioner to submit his application for issuance of the passport without parentage or accept his birth certificate as the document with respect to the parentage and the matriculation certificate purely for the purpose showing educational qualification for issuance of Passport under the Non-ECR category;" W.P.(C) 4703/2018
In view of the order, that I propose to pass, learned counsel for the respondent says that he does not wish to file a counter affidavit in the matter. Record shows that it is the assertion of the petitioner that his biological parents are, one, Mr. Shiv Kumar Bhatia and Ms. Sunita Bhatia. It appears that due peculiar circumstances at home the names of petitioner"s deceased uncle and aunt ,that is, late Mr. Amrish Kumar Bhatia and Ms. Ritu Kumar Bhatia were entered in his school record.
5.1 Consequently, in the class X certificate issued by CBSE, against parents" names, the names of "Mr. A. K Bhatia" and "Ms. Ritu Bhatia" were recorded. Being aggrieved the petitioner has approached this Court for the following reliefs:
(i) that his application for issuance of passport be accepted without insistence on the names of his parents being inserted.
(ii) or, in the alternative, his application be accepted based on his birth certificate.
¶7Mr. Rakesh Kumar, CGSC who appears for the respondent says that since no application for issuance of passport has been preferred, the petition, in a sense, is premature.
¶8Clearly, the only reason that the petitioner has approached the Court is that he cannot knowingly fill up incorrect details with respect to parents name in the application for issuance of passport. W.P.(C) 4703/2018
¶9Given the peculiar circumstances that the petitioner is placed in, he is given liberty to file the application for issuance of passport disclosing the names of his biological parents. Along with the application, the petitioner will append a representation, wherein, the aforementioned facts with regard to his parentage would be mentioned. The representation filed by the petitioner will be accompanied by the relevant documents including his birth certificate.
¶10In case such an application along with a representation, as indicated above, is filed by the petitioner the respondent will deliberate upon the same and pass a speaking order within six weeks of the same being lodged. A copy of the speaking order will be furnished to the petitioner. The petitioner will have liberty to assail the same, if aggrieved, albeit, in accordance with law.
¶11Petition disposed of in the aforesaid terms.
MAY 04, 2018 A
W.P.(C) 4703/2018
* + W.P.(C) 4581/2018
JAGDISH VISHNOI AND ORS.
..... Petitioners Through Mr. Varun Kashyap and Mr. Saurabh Jain, Advs.
REGISTRAR OF COMPANIES AND ORS. ..... Respondents Through Mr. Dev. P. Bhardwaj, CGSC for UOI/R-1 & R-2. With Ms. Anubha Bhardwaj and Mr. Kanishk Arora, Advs.
%
04.05.2018
¶1The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶2In this matter, I am informed by the learned counsel for the official respondents 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.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: Fortune Nidhi Limited (hereinafter referred to as "Company").
¶4To be noted, this matter came up for hearing on 01.05.2018 before this Court, where, the petitioners sought time to file an additional affidavit to bring on record as to the period for which the defaulting company has not carried out any business and operated any bank account.
4.1 It is in this background that petitioner no. 1 to 3 have filed affidavits dated
03.05.2018.
4.2 The petitioners, thus, state that the Company has not carried on any business and has not operated its bank account since incorporation. 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.
¶5Counsel for writ petitioner(s) is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Since the captioned writ petition was filed before the Condonation of Delay Scheme, 2018 ("Scheme") was to expire, and information was sought by the Court, this writ petition can be disposed of based on directions passed in other matters. 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 Scheme. Permission is granted to make the requisite filings in the form of hard copies in consonance with Division Bench-I order dated 27.04.2018, passed in W.P. (C) 4481/2018, titled: Rajesh Choudhary v. Union Of India and Anr.
(iv) The writ petitioner will deposit, if not deposited already, a 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.
¶7Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶8The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P.(C) 9439/2017, titled: Atul Khosla & Anr. v. Union of India and Ors.
¶9Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶10Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶11Pending application(s), if any, shall stand closed.
¶12It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, which results in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶13Dasti under signatures of the Court master.
MAY 04, 2018 A * + W.P.(C) 4594/2018 & C.M. Appl. No.17755-56/2018
SUNIL KUMAR GUPTA & ANR
..... Petitioners
Through Ms. Anju B. Gupta, Adv.
UNION OF INDIA & ANR
..... Respondents Through Mr. Ripu Daman Bhardwaj, CGSC with Mr. T.P. Singh, Adv. for UOI.
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04.05.2018
¶1The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶2In this matter, I am informed by the learned counsel for the official respondents 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.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: Disha Electrotech Private Limited (hereinafter referred to as "Company").
¶4To be noted, this matter came up for hearing on 01.05.2018 before this Court, where, the petitioners sought time to file an additional affidavit to bring on record the fact as to whether the person who is a Director on the Board of the subject company but is not a petitioner before this Court would have any objection to the relief sought qua the subject company.
4.1 It is in this background that petitioner no. 1 & 2 have filed affidavits dated
03.05.2018 along with a copy of scanned unattested affidavit of Mr. Ajay Kumar Sharma along with his email dated 03.05.2018.
4.2 The petitioners, thus, state that the Company has not carried on any business since the last four years. 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.
¶5Counsel for writ petitioner(s) is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Since the captioned writ petition was filed before the Condonation of Delay Scheme, 2018 ("Scheme") was to expire, and information was sought by the Court, this writ petition can be disposed of based on directions passed in other matters. 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 Scheme. Permission is granted to make the requisite filings in the form of hard copies in consonance with Division Bench-I order dated 27.04.2018, passed in W.P. (C) 4481/2018, titled: Rajesh Choudhary v. Union Of India and Anr.
(iv) The writ petitioner will deposit, if not deposited already, a 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.
¶7Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶8The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union of India and Ors.
¶9Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶10Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶11Pending application(s), if any, shall stand closed.
¶12It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, which results in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶13Dasti under signatures of the Court master.
MAY 04, 2018/A
* + W.P.(C) 14541/2004
RANBAXY LABORATORIES LTD.
..... Petitioner Through: Mr. K. Datta and Mr. Ashish Verma, Advocates.
UOI & ANR.
..... Respondents Through: Mr. Dev P. Bhardwaj, CGSC and Mr. Kanishk Arora, Advocate.
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04.05.2018
CM No.18394/2018 (application for substitution)
¶1Issue notice.
1.1 Mr. Bhardwaj accepts notice of behalf of the respondents.
1.2 Mr. Bhardwaj says in view of the prayer made in the application, he does not wish to file a reply.
¶2For the reasons given in the application, the prayer is allowed.
¶3The amended memo of parties filed with the application is taken on record. CM No.18396/2018
¶4Issue notice.
4.1 Mr. Bhardwaj accepts notice on behalf of the respondents.
¶5Mr. Bhardwaj seeks and is granted two (2) weeks to file a reply to the application.
¶6Rejoinder thereto, if any, be filed before the next date of hearing.
¶7Renotify the matter on 12.10.2018.
MAY 04, 2018 cks * + W.P.(C) 8963/2015
SUNDER LAL SINGHAL & ORS
..... Petitioners Through: Mr. S.K. Verma, Mr. R.K. Pandey, Ms. Megha Gurang and Ms. Sujata, Advocates with petitioner in person.
GAON SABHA MOLARBAND
..... Respondent
Through: None.
%
04.05.2018
At request, renotify the matter on 23.10.2018.
In the meanwhile, the interim order will continue to operate.
MAY 04, 2018 hs
* + W.P.(C) 12100/2016
AMANATULLA KHAN ESQ
..... Petitioner
Through: Mr. Bahar U. Baroi, Advocate.
UNION OF INDIA AND ORS
..... Respondents Through: Mr. Akshay Makhija, CGSC with Mr. Aditya Goyal, Advocates for R-1, 2 and R-4.
Mr. Satyakam, ASC/GNCTD with Mr. Shashwat, Advocate. Mr. Rakesh Kumar, CGSC for UOI.
%
04.05.2018
¶1Counsel for the petitioner says that he does not wish to file a rejoinder in the matter. The said statement is taken on record.
¶2Renotify the matter on 17.09.2018.
¶3In the meanwhile, the parties will file written submissions, not exceeding 3 pages.
MAY 04, 2018 hs * + W.P.(C) 1619/2017
CENTRAL PUBLIC INFORMATION OFFICER UPSC
..... Petitioner
Through: Mr. Naresh Kaushik, Advocate.
AJIT KUMAR
..... Respondent
Through: None.
%
04.05.2018
There is no representation on behalf of respondent.
Issue court notice to the respondent.
Renotify the matter on 26.11.2018.
MAY 04, 2018 hs
* + W.P.(C) 2670/2017
A S RAWAT
..... Petitioner Through: Ms. Jyoti Dutt Sharma and Mr. C.K. Bhatt, Advocates.
DAWA TASHI
..... Respondent Through: None.
%
04.05.2018
¶1There is no representation on behalf of respondent.
¶2Renotify the matter on 27.11.2018.
¶3Interim order will continue to operate.
MAY 04, 2018 hs
* + W.P.(C) 3556/2017
MONSANTO HOLDINGS PRIVATE LIMITED & ORS
..... Petitioners Through: Ms. Bitika Sharma, Ms. Deepshikha Malhotra, Mr. Lakshay Kaushik and Ms. Mansee, Advocates.
COMPETITION COMMISSION OF INDIA & ORS
..... Respondents Through: Mr. Sanjay Jain, Sr. Advocate alongwith Mr. Pallav Saxena, Bindu Das & Mr. Ashutosh Shandilya, Advocates for R-1.
%
04.05.2018
¶1The record of the registry shows that service qua respondent no.6 and 8 has not been effected as yet.
¶2Respondent No. 2 who is present in Court says he has filed his counter affidavit in the matter. Copies of the same are given to the counsel for the petitioner. Rejoinder, if any, be filed before the next date.
¶3Renotify the matter on 8.10.2018.
MAY 04, 2018 hs * + W.P.(C) 1776/2016
MONASNTO HOLDINGS PVT LTD AND ORS ..... Petitioner Through: Ms. Bitika Sharma, Ms. Deepshikha Malhotra and Mr. Lakshay Kaushik, Advocates.
COMPETITION COMMISSION OF INDIA AND ORS
..... Respondents Through: Mr. Sunil J. Mathews, Advocate for UOI.
Mr. Vaibhav Chookse, Advocate for R-3 to 5.
%
04.05.2018
Renotify the matter on 8.10.2018 along with W.P.(C) No.3556/2017.
MAY 04, 2018 hs
* + W.P.(C) 1777/2016 MAHARASHTRA HYBRID SEEDS COMPANY PRIVATE LIMITED
..... Petitioner Through: Mr. Abdullah Hussain, Ms. Kanika Chaudhary Nayar, Mr. Arjun Nihal Singh and Ms. Gayatri Ragunandan, Advocates.
THE COMPETITION COMMISSION OF INDIA AND ORS
..... Respondents Through: Mr. Joy Basu, Sr. Advocate with Mr. Amit Tyagi and Mr. Abhinav, Advocates for R-1.
Mr. Sunil J. Mathews with Ms. Ruchi Jain, Advocates for UOI.
Mr. Vaibhav Chookse, Advocate for R-3 to 5.
Ms. Bitika Sharma, Ms. Deepshikha Malhotra and Mr. Lakshay Kaushik, Advocates for R-5 to 7.
%
04.05.2018
Renotify the matter on 8.10.2018 along with W.P.(C) No.1776/2016.
MAY 04, 2018 hs
* + W.P.(C) 4515/2018
SWAROOP ROUND THE CLOCK CONVENIENCE STORE
..... Petitioner
Through: Mr. Anuj Dhir, Advocate.
OFFICE OF THE ADDITIONAL COMMISSIONER OF POLICE & ORS
..... Respondents Through: Mr. Sanjoy Ghose, ASC/GNCTD with Mr. Shwetank Singh and Ms. Urvi Mohan, Advocates.
%
04.05.2018
¶1I have heard learned counsel for the petitioner and Mr. Ghose, who appears on behalf of respondent.
¶2Mr. Ghose says that even if the petitioner runs a convenience store, the petitioner would require a license from the concerned municipal corporation. He says that petitioner wishes to run a 24 hour convenience store.
¶3Learned counsel for the petitioner on the other hand says that no license is required from the municipal corporation.
¶4In order to cut short the controversy North Delhi Municipal Corporation (NDMC) is arrayed as party to the present petition. The NDMC will now stand impleaded as respondent No.4.
¶5On steps being taken, notice shall issue to respondent no.4. In addition, service be made effective via private mode as well. Liberty is also given to serve the standing counsel. A copy of the order will accompany the notice. Counsel for NDMC will obtain instructions on the issue articulated above.
¶6Renotify the matter on 16.5.2018.
MAY 04, 2018 cks * + W.P.(C) 3098/2014 SOCIETY FOR REVOLUTION AGAINST CORRUPTION THROUGH: ITS GEN. SECRETARY
..... Petitioner
Through: None.
UNION OF INDIA & ORS
..... Respondents Through: Mr. Saroj Bidawal, Advocate for UOI.
Mr. Ayush Negi, Advocate for R-2.
%
04.05.2018
¶1There is no representation on behalf of the petitioner. Adverse orders are deferred.
¶3I am informed that the respondent no.2 has already filed its counter affidavit.
¶4Liberty is given to the petitioner to file its rejoinder before the next date of hearing.
¶5Renotify the matter on 22.10.2018.
MAY 04, 2018 cks * + W.P.(C) 9358/2014 INDRA PARK INDIRA MARKET WERLARE ASSOCIATION (REGD.)
..... Petitioner Through: Mr. S.K. Rungta, Sr. Advocate with Mr. Prashant Singh, Mr. Shivankur Shukla and Mr. Varun Gupta, Advocates.
Mr. Dinesh Dogra and Mr. Bhaskar Upadhaya, Advocates for petitioner no.2 (proposed).
GOVT. OF NCT OF DELHI & ANR
..... Respondents
Through: None.
%
04.05.2018
C.M Nos.2611/2018 & 2469/2018
¶1Mr. S.K. Rungta, who appears for the non-applicant/petitioner seeks and is granted three (3) weeks to file a reply.
¶3Renotify the matter on 22.10.2018. W.P.(C) 9358/2014
¶4I am informed that pleadings are complete.
¶5Interim order will continue to operate, in the meanwhile.
¶6Renotify the matter on 22.10.2018.
MAY 04, 2018/cks * + W.P.(C) 3716/2014
S.R. WADHWA & ANR
..... Petitioners Through: Ms. Dipti Mittal, Proxy Counsel for P-1.
GOVERNMENT OF NCT OF DELHI AND ORS ..... Respondents Through: Mr. Prateek Dahiya, Advocate for R-1 & 4. Mr. A.K. Gautam, Advocate for R-2.
%
04.05.2018
¶1Learned counsel for respondent no.1 to 4 says that the issue which arises in this writ petition is covered by the judgment dated
22.03.2017, passed in W.P.(C) No.699/2014. The said judgment has been passed by a Division Bench of this Court.
¶2Copy of the status report and the judgment are handed over to the counsel for the petitioner.
2.1 Learned counsel says that he will examine the same and revert with instructions.
¶3At request, renotify the matter on 8.8.2018.
MAY 04, 2018 cks * + W.P.(C) 7575/2017
NSC PROJECTS (P) LTD
..... Petitioner
Through: Mr. Rajat Tandon, Advocate.
MILITARY ENGINEERING SERVICE AND ANR ... Respondents Through: Mr. Ripu Daman Bhardwaj, CGSC with Mr. T.P. Singh, Adv for UOI.
%
04.05.2018
¶1Counsel for the respondent informs me that a date has been fixed by the concerned authority to hear the petitioner"s representative.
¶2I am informed the hearing is fixed on 14.05.2018.
¶3Counsel for the respondent is not able to inform me about the time when the hearing is to be held.
¶4Accordingly, the concerned authority is directed to conduct its hearing at 2.30 PM.
¶5Renotify the matter on 14.05.2018.
MAY 04, 2018 cks * + W.P.(C) 5120/2017 M/S SHUSHILA HOSPITAL THROUGH: ITS PROPRIETOR AJIT SINGH ..... Petitioner
Through: Mr. Kshitij Kumar, Advocate.
THE DISTRICT MAGISTRATE / DC (NORTH), DISTRICT APPROPRIATE AUTHORITY
..... Respondent
Through: Mr. Sachin, Advocate for R-1 and 2.
%
04.05.2018
¶1Mr. Sachin seeks and is granted four (4) weeks to file a counter affidavit. Rejoinder, if any, be filed before the next date of hearing.
¶2Renotify the matter on 16.10.2018.
MAY 04, 2018 cks * + W.P.(C) 6639/2015 & CM. APPL. No.12111/2015
BANWARI LAL
..... Petitioner
Through: Mr. Jasbir Singh Malik, Adv.
DELHI FINANCIAL CORPORATION & ORS ..... Respondent
Through: Mr. Rajan Tyagi, Adv. for R-1. Mr. Keshav Mohan with Mr. Kabir Ghosh, Advs. for R-2 & 3.
%
04.05.2018
¶1I am told by counsel for the petitioner that he will take steps to effect service on respondent No.2 & 4. Liberty in this behalf is granted.
¶2On steps being taken, notice shall issue to respondent No.2 & 4. Additionally, counsel for the petitioner is given liberty to serve respondent No.2 & 4 via private mode as well.
¶3Insofar as respondent No.3 is concerned, learned counsel for respondent No.1 says that the said respondent has expired.
¶4Counsel for the petitioner will take steps to bring legal heirs of respondent No.3 on record in accordance with law.
¶5Renotify the matter on 15.10.2018.
MAY 04, 2018/pmc * + W.P.(C) 7653/2014
RAM MANORATH SHUKLA & ORS.
..... Petitioner
Through: None.
SECRETARY, MINISTRY OF LABOUR & ORS. ..... Respondent Through: Mr. Harsh Pandit, Adv. for Mr. Vivek Goyal, CGSC for UOI.
%
04.05.2018
¶1There is no representation on behalf of the petitioner.
¶2Adverse orders are deferred.
¶3Renotify the matter on 13.11.2018.
MAY 04, 2018/pmc * + W.P.(C) 8321/2017 & CM. APPL. No.34200/2017
KRIPA SHANKAR
..... Petitioner
Through: Ms. Tripta Kanojia, Adv.
LD CENTRAL INFORMATION COMMISSION AND ORS
..... Respondent Through: Mr. Dinesh C. Pandey with Mr. Rajeev Gurung, Advs. for R-4.
%
04.05.2018
¶1Ms. Kanojia, who appears for the petitioner, seeks and is granted three weeks from today to file a rejoinder.
¶2Accordingly, renotify the matter on 9.10.2018.
¶3In the meanwhile, interim order will continue to operate.
MAY 04, 2018/pmc * + W.P.(C) 4374/2018 & CM. APPL. No.16982-83/2018
ACTION COMMITTEE UNAIDED RECOGNIZED PRIVATE SCHOOLS
..... Petitioner Through: Mr. Sunil Gupta, Sr. Adv. with Mr. Kamal Gupta, Mrs. Tripti Gupta and Ms. Ayushi Dhingra, Advs.
DIRECTORATE OF EDUCATION AND ANR. ..... Respondent Through: Mr. Ramesh Singh, Standing Counsel with Mr. Gautam Narayan, ASC with Ms. Mahamaya Chatterjee, Mr. Abhinav Goyal and Mr. Chirayu Jain, Advs. for GNCTD.
%
04.05.2018
List before another Bench on 8.5.2018, subject to the orders of Hon"ble the Acting Chief Justice.
MAY 04, 2018/pmc * + W.P.(C) 4766/2018
BLS IT SERVICES PVT. LTD. (THROUGH: ITS DIRECTOR)
..... Petitioner Through: Mr. Amit Sibal, Sr. Adv. with Mr. Arvind Sharma, Mr. Mukund Kumar and Mr. Anant Kanojia, Advs.
TOPSGRUP SERVICES LTD. (THROUGH: ITS DIRECTOR) AND ANR. ..... Respondent
Through: Mr. P.S. Sridhar Raj, Adv. for R-1.
+ W.P.(C) 4767/2018
BLS E-SERVICES PVT. LTD THROUGH: ITD DIRECTOR
..... Petitioner Through: Mr. Amit Sibal, Sr. Adv. with Mr. Arvind Sharma, Mr. Mukund Kumar and Mr. Anant Kanojia, Advs.
TOPSGRUP SERVICES LTD. THROUGH: ITS DIRECTOR AND ANR. ..... Respondent
Through: Mr. P.S. Sridhar Raj, Adv. for R-1. + W.P.(C) 4775/2018
BLS E-SOLUTIONS PVT. LTD. (THROUGH: ITS DIRECTOR)
..... Petitioner Through: Mr. Amit Sibal, Sr. Adv. with Mr. Arvind Sharma, Mr. Mukund Kumar and Mr. Anant Kanojia, Advs.
TOPSGRUP SERVICES LTD. THROUGH: ITS DIRECTOR AND ANR. ..... Respondent
Through: Mr. P.S. Sridhar Raj, Adv. for R-1.
W.P.(C) No.4766/2018, 4767/2018 & 4775/2018
Pg.1 of 3
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04.05.2018 CM. APPL. No.18415/2018 in W.P.(C) No.4766/2018 CM. APPL. No.18417/2018 in W.P.(C) No.4767/2018 CM. APPL. No.18427/2018 in W.P.(C) No.4775/2018
¶1Allowed, subject to all just exceptions. W.P.(C) No.4766/2018 & CM. APPL. No.18414/2018 W.P.(C) No.4767/2018 & CM. APPL. No.18416/2018 W.P.(C) No.4775/2018 & CM. APPL. No.18426/2018
¶2Issue notice.
¶3Mr. P.S. Sridhar Raj accepts notice for the first respondent. On steps being taken, notice shall issue to the second respondent.
¶4Mr. Sibal, learned Senior Counsel, who appears for the petitioners in the captioned writ petitions, says that the first respondent had triggered proceedings under Section 9 of Insolvency and Bankruptcy Code, 2016 before the National Company Law Tribunal (hereinafter referred to as "NCLT"). It is Mr. Sibal"s contention that the first respondent had claimed an aggregate sum of Rs.3,77,01,461/-. He further submits that the petitioners and the first respondent have arrived at a settlement, which was executed between them on 2.5.2018. Mr. Sibal also submits that in pursuance of the settlement agreement arrived at between the parties, a sum of Rs.4 Crores inclusive of interest has been paid to the first respondent.
4.1 Counsel for the first respondent affirms the above position.
¶5Mr. Sibal contends that the reason the petitioners have approached this Court by way of the writ petitions under Article 226 is that W.P.(C) No.4766/2018, 4767/2018 & 4775/2018
Pg.2 of 3 even though a settlement has been arrived at between the parties, the Interim Resolution Professional (IRP) is likely to take steps in the matter pursuant to the directions issued by NCLT vide the impugned order dated 26.4.2018.
¶6Learned Senior Counsel further submits that any steps taken by IRP will cause detriment to the petitioners especially in the circumstances and that as of now no grievance remains outstanding vis-a-vis the first respondent. Learned counsel says that since the petitioners intend to bring up their petitions for hearing before the Supreme Court shortly, they would require protection from this Court and hence the reason for moving the captioned petitions.
¶7Counsel for the first respondent says that he has no objection to the plea for interim protection made on behalf of the petitioners.
¶8Accordingly, it is directed that till the next date of hearing, no further steps will be taken by the IRP pursuant to the impugned order dated
26.4.2018, passed by NCLT.
¶9Renotify the matter on 8.10.2018.
¶10Dasti under signatures of the Court Master.
MAY 04, 2018/pmc
W.P.(C) No.4766/2018, 4767/2018 & 4775/2018
Pg.3 of 3
* + W.P.(C) 600/2017
UNIVERSITY OF DELHI
..... Petitioner Through: Mr. Arun Bhardwaj with Mr. Nikhil Bhardwaj, Advs.
NEERAJ & ANR
..... Respondent
Through:
%
04.05.2018 CM. APPL. No.18395/2018
¶1Issue notice to the non-applicants/respondents. In addition service be effected via counsel as well.
¶2Reply, if any, be filed before the next date of hearing.
¶3Renotify the matter on 22.5.2018.
MAY 04, 2018/pmc * + W.P.(C) 7979/2010
JASLEEN RAVI INDER SINGH & ORS
..... Petitioner
Through: Mr. Lalit Gupta, Adv.
LAND AND DEVELOPMENT OFFICE & ORS ..... Respondent Through: Mr. Saeed Qadri, Adv. for Mr. Kirtiman Singh, CGSC for UOI.
Mr. Ajay Verma, Adv. for DDA.
%
04.05.2018 CM APP No.18388/2018 In terms of order dated 16.3.2018, list the captioned application on
10.5.2018 before HMJ Vibhu Bakhru, subject to the orders of Hon"ble the Acting Chief Justice.
MAY 04, 2018/pmc * + W.P.(C) 4795/2017 & CM APP No.20766/2017
BHUSHAN POWER & STEEL LTD.
..... Petitioner
Through: Ms. Niyati Kohli, Adv.
UNION OF INDIA & ANR
..... Respondent Through: Ms. Mallika Hiremath, Adv. for Mr. Amit Mahajan, CGSC for UOI.
%
04.05.2018
At joint request, renotify the matter on 13.11.2018.
MAY 04, 2018/pmc * + W.P.(C) 8054/2017
RITU MALIK
..... Petitioner Through: Mr. Bharat Gupta with Mr. Vishesh Chauhan and Ms. Shreya Rao, Advs.
LAND & DEVELOPMENT OFFICE
..... Respondent
Through: Mr. Anil Dabas, Adv. for R-1/L&DO.
%
04.05.2018
At joint request, renotify the matter on 12.10.2018.
MAY 04, 2018/pmc *
+ W.P.(C) 9143/2014 & CM APP No.47382/2016
MATHEW THOMAS
..... Petitioner
Through : Mr. Prasanna S., Adv.
UNION OF INDIA AND ORS. ..... Respondents
Through : Mr. Ripu Daman Bhardwaj, Adv. for R-1. Mr. Lalit Bhasin, Ms. Ratna Dwivedi Dhingraia, Ms. Bhawna Dhami and Mr. Ajay Pratap Singh, Advs. for R-2
%
04.05.2018
¶1Mr. Bhasin, who, appears on behalf of respondent no.2 seeks accommodation. The request is not opposed either by counsel for the petitioner or by counsel for respondent no.1.
¶2Accordingly, at request, renotify the matter on 19.11.2018.
MAY 04, 2018 mk *
+ W.P.(C) 250/2015
VED PRAKASH GUPTA
..... Petitioner
Through : Mr. Saurabh Suman Sinha, Adv.
SECURITIES AND EXCHANGE BOARD OF INDIA & ANR.
..... Respondents
Through : Ms. Gunjan Singh, Adv. for R-1. Ms. Jagriti Ahuja, Adv. for R-2.
%
04.05.2018
¶1Counsel for the petitioner seeks leave to withdraw the captioned writ petition. Learned counsels for the respondents say that they have no objection to the same.
¶2Accordingly, the writ petition is dismissed as withdrawn.
MAY 04, 2018 mk *
+ W.P.(C) 4758/2018 & CM APP Nos.18319-20/2018
SMT. D. LAKSHMI
..... Petitioner
Through : Mr. Pushkar Sood, Adv.
UNION OF INDIA AND ORS.
..... Respondents
Through : Mr. Rajesh Gogna, CGSC with Mr. Vinod Tiwari, Adv.
%
04.05.2018 CM APP Nos.18319-20/2018
¶1Allowed, subject to just exceptions. W.P.(C) 4758/2018
¶2The petitioner is aggrieved by the fact that the respondents are not executing a lease/conveyance deed, in respect of the Verandah abutting the shop of the petitioner, situate in Mohan Singh Market (INA), New Delhi, at the rates as applicable in 2011.
¶3Issue notice to the respondents. Mr. Rajesh Gogna accepts notice on behalf of the respondents.
3.1 Counter affidavit be filed within four weeks from today. Rejoinder thereto, if any, be filed before the next date of hearing.
¶4Renotify the matter on 30.10.2018.
MAY 04, 2018/mk *
+ W.P.(C) 4755/2018 & CM No.18299/2018
INSPIRA ENTERPRISES INDIA (P) LTD. ..... Petitioner Through : Mr. Anup Bhambani, Sr. Adv. with Mr. Rahul Narayan and Mr. Shashwat Goel, Advs.
POWER GRID CORPORATION OF INDIA LIMITED AND ANR.
..... Respondents Through : Mr. S.B. Upadhyay, Sr. Adv. with Ms. Sharmila Upadhyay, Mr. Rajesh Chhetri, Mr. Sarabjeet Pratap Singh and Mr. Nishant Kumar, Advs. for R-1.
%
04.05.2018
¶1Issue notice to the respondents. Ms. Sharmila Upadhyay accepts notice on behalf of respondent no.1.
¶2On steps being taken, notice shall issue to respondent no.2.
¶3Mr. Upadhyay says that in the meanwhile, respondent no.1 will carry out further inquiry in terms of the order dated 22.1.2018 passed by the Punjab and Haryana High Court in CWP No.1308/2018.
3.1 To be noted, the said writ petition was followed by another writ petition, which is numbered as CWP No.3095/2018.
W.P.(C) 4755/2018
3.2 To be noted in the meanwhile respondent no.1 had issued the communication dated 19.1.2018.
3.3 The second writ petition, though, had to be withdrawn in view of the objection taken on behalf of the respondent no.1 with regard to territorial jurisdiction of Punjab and Haryana High Court.
¶4Notwithstanding the above, directions issued in the order dated
22.1.2018 need to be implemented as all that respondent no.1 has been asked to do is to carry out an inquiry.
¶5As indicated above, Mr. Upadhyay has already stated that an inquiry will be carried out in terms of the order dated 22.1.2018.
¶6In the meanwhile, the interim directions as contained in order dated
19.4.2018, passed in CWP No.3095/2018, passed by Punjab and Haryana High Court will continue to operate as if they had been passed in the captioned writ petition.
¶7Furthermore, counter affidavit(s) be filed within three weeks from today. Rejoinder thereto, if any, be filed before the next date of hearing.
¶8Renotify the matter on 29.10.2018.
MAY 04, 2018 mk
W.P.(C) 4755/2018
*
+ W.P.(C) 4746/2018 & CM APP Nos.18264-65/2018
MOHIT SHARMA
..... Petitioner
Through : Mr. Nukul Pathania, Adv.
UNION OF INDIA
..... Respondent Through : Mr. Sanjeev Narula, CGSC with Mr. Vinod Tiwari and Ms. Anumita Chandra, Adv.
%
04.05.2018 CM APP Nos.18264-65/2018
¶1Allowed, subject to just exceptions. W.P.(C) 4746/2018
¶2Issue notice to the respondent. Mr. Sanjeev Narula accepts notice on behalf of the respondents. Counter affidavit be filed within four weeks from today. Rejoinder thereto, if any, be filed before the next date of hearing.
¶3Renotify the matter on 6.8.2018.
MAY 04, 2018 mk *
+ W.P.(C) 4740/2018
ANJU DEVI
..... Petitioner
Through : Mr. Anil Singal, Adv.
UNION OF INDIA & ORS
..... Respondents
Through : Mr. Anil Soni, CGSC with Mr. Abhinav Tyagi and Mr. Brijesh Kumar, Advs. for R-1. Mr. Jawahar Raja, ASC, GNCTD with Mr. Chinmay Kanojia, Adv. for R-2 to 5 along with Mr. Bijender Kumar, ASI, Rohini Distt.
%
04.05.2018
¶1The petitioner, who is the wife of, one, Mr. Jagvir Singh claims compensation for the sum of Rs.1 crore from the respondents.
¶2To be noted, the petitioner"s husband died in the line of duty.
¶3Death of the petitioner"s husband took place on 12th/13th October, 2014. It is the petitioner"s case that Lieutenant Governor/respondent no.2 had announced that compensation in the sum of Rs.1 crore, would be paid to the kith and kin of late Mr. Jagvir Singh.
W.P.(C) 4740/2018
¶4Issue notice to the respondents. Mr. Jawahar Raja accepts notice on behalf of respondent no.2 to 5. Likewise, Mr. Anil Soni accepts notice on behalf of respondent no.1.
¶5Counter affidavit(s) be filed within four weeks from today. Rejoinder thereto, if any, be filed before the next date of hearing.
¶6Renotify the matter on 20.8.2018.
MAY 04, 2018 mk
W.P.(C) 4740/2018
*
+ W.P.(C) 4739/2018
RAM KHUSH SINGH
..... Petitioner
Through : Mr. Ashwani Tripathi, Adv.
GOVT OF NCT OF DELHI & ORS ..... Respondents
Through : Mr. Sachin Nahar, Adv. for R-1&2.
%
04.05.2018
¶1The limited grievance of the petitioner is that respondent no.1 and 2 are not taking up his application for hearing filed under Section 23 of the Maintenance and Welfare of the Parents and Senior Citizens Act, 2007. It is stated that the said application was filed on 24.10.2017 vide diary no.5672.
¶2Issue notice to the respondents. Mr. Sachin Nahar, who accepts notice on behalf of respondent no.1 and 2, says that he will obtain instructions.
¶3On steps being taken, notice shall also issue to respondent no.3 and 4. Additional service be effected by private mode as well.
¶4Renotify the matter on 4.7.2018.
MAY 04, 2018 mk *
CM APP No.18242/2018 in + W.P.(C) 2725/2018
MRS. ROSELINE WILSON AND ORS.
..... Petitioners
Through : None.
ARCHAEOLOGICAL SURVEY OF INDIA AND ORS.
..... Respondents
Through : Mr. Rajesh Gogna, CGSC with Ms. Liu Gangmei, Adv. for R-1 to 3.
%
04.05.2018 CM APP No.18242/2018
¶1This is an application for condonation of delay. This application has been moved by respondent no.1/ASI. The period of delay involved is 18 days.
¶2For the reasons given therein, the delay is condoned. The application is disposed of. The Registry will now, formally, take on record the counter affidavit filed on behalf of respondent no.1/ASI.
MAY 04, 2018 mk *
CM APP No.18272/2018 in + W.P.(C) 2829/2017
SHRI LAL MAHAL LTD
..... Petitioner Through : Ms. Anjali J. Manish, Mr. Priyadarshi Manish, Mr. Prem Kandpal, Mr. Prateek Chaturvedi and Ms Nidhi Saini, Advs.
RESERVE BANK OF INDIA AND ORS
..... Respondents Through : Mr. Amit Kasera, Ms. Geetika Matta and Mr. Elakkumaran, Advs. for R-1/RBI.
Mr. Rajiv Kapur and Ms. Khushboo Kapur, Advs. for R-3 to 5. Mr. Aditya Singla, Sr. St. Counsel for R-9/DRI.
Mr. Sanjeev Bhatt and Mr. Sumit Nagpal, Advs. for R-12/IDBI Bank Limited.
%
04.05.2018 CM APP No.18272/2018
¶1This is an application moved on behalf of respondent no.3 to 5 for vacating the order dated 22.3.2018 passed by this court.
1.2 Accommodation is sought on behalf of Mr. C. Mukund, learned counsel for respondent no.1/RBI. W.P.(C) 2829/2017
¶2The main matter is listed for hearing on 25.7.2018. List this application on the same date i.e., 25.7.2018
¶3In the meanwhile, learned counsel for the applicant will serve a copy of the application on counsel for the parties.
MAY 04, 2018 mk
W.P.(C) 2829/2017
*
+ W.P.(C) 4734/2018 & CM APP Nos.18193-94/2018
GOPALGIRI KRISHNAGIRI GOSWAMI AND ANR.... Petitioners
Through : Mr. Virendra Rawat and Mr. Kamal Kapoor, Advs.
UNION OF INDIA AND ANR.
..... Respondents Through : Mr. Ripu Daman Bhardwaj, CGSC with Mr. T.P. Singh, Adv.
%
04.05.2018 CM APP No.18194/2018
¶1Allowed, subject to just exceptions. W.P.(C) 4734/2018 & CM APP No.18193/2018
¶2Issue notice to the respondents. Mr. Ripu Daman Bhardwaj accepts notice on behalf of the respondents. Counter affidavit be filed within four weeks from today. Rejoinder thereto, if any, be filed before the next date of hearing.
¶3Renotify the matter on 4.9.2018.
MAY 04, 2018 mk *
+ W.P.(C) 4732/2018 & CM APP No.18170/2018
NAVEEN KUMAR KANODIA
..... Petitioner Through : Mr. Pramod Gupta, Ms. Mannat and Ms. Khushboo Aggarwal, Advs.
UNION OF INDIA AND ORS.
.... Respondents
Through : Mr. Ashim Sood, CGSC with Mr. Rhythm Buaria, Adv.
%
04.05.2018 CM APP No.18170/2018
¶1Allowed, subject to just exceptions. W.P.(C) 4732/2018
¶2Issue notice to the respondents. Mr. Ashim Sood accepts notice on behalf of the respondents. Counter affidavit be filed within four weeks from today. Rejoinder thereto, if any, be filed before the next date of hearing.
¶3Renotify the matter on 9.10.2018.
MAY 04, 2018 mk *
+ W.P.(C) 4731/2018 & CM APP Nos.18168-69/2018
OKHLA INDUSTRIAL ESTATE ASSOCIATION (REGD.)
..... Petitioner
Through : Mr. Gaurav Puri, Adv.
DELHI STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED (DSIIDC) AND ORS.
..... Respondents
Through : Ms. Deepali Gupta, Adv. for R-1. Mr. Gautam Narayan, ASC for GNCTD with Mr. Abhinav Goyal and Ms. Mahamaya Chatterjee, Adv. for R-2&3.
%
04.05.2018 CM APP No.18169/2018
¶1Allowed, subject to just exceptions. W.P.(C) 4731/2018 & CM APP No.18168/2018
¶2Mr. Narayan, who appears for respondent no.2 and 3 raise a preliminary objection that individual shed/plot holders have not come forward to articulate their grievances. Mr. Narayan says that affidavit accompanying the petition does not disclose the authority of the person who has filed the petition. W.P.(C) 4731/2018
2.1 Mr. Suri says that he will take requisite measures and therefore, the matter be stood over.
¶3At request, renotify the matter on 28.5.2018.
¶4In the meanwhile, subject to the aforesaid preliminary objection taken by Mr. Narayan, respondents will be at liberty to file their counter affidavit(s). The needful will be done before the next date of hearing.
MAY 04, 2018 mk
W.P.(C) 4731/2018
* + W.P.(C) 463/2018 & C.M. Appl. Nos.2006/2018, 11943/2018, 16244-45/2018 & 16371/2018
M/S BGR MINING AND INFRA LIMITED ..... Petitioner Through: Mr. Dayan Krishnan, Sr. Advocate with Mr. Mohd. Wasaly Khan, Advocate.
NTPC LIMITED AND ANR.
..... Respondents Through: Mr. Tushar Mehta, ASG with Mr. Puneet Taneja, Ms. Shaheen and Mr. Kanu Agrawal Advocates.
%
05.05.2018
¶1List along with W.P.(C) 702/2018 on 17.05.2018 at 2:30 p.m.
MAY 05, 2018 p * + W.P.(C) 702/2018 & C.M. Appl. Nos.3014/2018, 3015/2018, 11940/2018
NCC-BGR CONSORTINUM AND ANR. ..... Petitioners Through: Mr. Ramji Srinivasan, Sr. Advocate with Ms. Priya Kumar, Mr. Adhish Srivastava, Mr. Tushar Bhardwaj, Mr. Sujit Singh and Mr. Anand Chichra Advocates.
NTPC LTD.
..... Respondent Through: Mr. Tushar Mehta, ASG with Mr. Puneet Taneja, Ms. Shaheen and Mr. Kanu Agrawal Advocates.
%
05.05.2018
¶1Mr. Ramji Srinivasan, learned Senior counsel, has argued on behalf of the petitioners.
¶2List for reply of Mr. Tushar Mehta, learned ASG, on
17.05.2018 at 2:30 p.m.
MAY 05, 2018 p * + W.P.(C) 5960/2012
PAWAN ANAND & ANR ..... Petitioners
Through None.
DIRECTOR GENERAL OF HEALTH SERVICES & OTHERS ..... Respondents Through Mr. Jasmeet Singh and Mr. Srivats Kaushal, Advs.
%
05.05.2018 Request for accommodation is made on behalf of the Director General of Health Services. It is stated that there was communication gap and hence the officials were not informed of the fact that the matter was listed today. Accordingly, renotify the matter on 06.09.2018.
MAY 05, 2018 A
* + W.P.(C) 8648/2016 & CM APPL. 35612/2016,
CM APPL. 18712/2018, CM APPL. 18771/2018
ANITA DEVI - I
..... Petitioner Through: Mr. Ravi Sikri, Senior Advocate along with Mr. Deepank Yadav and Mr. G.S. Mani, Advocates
INDIAN OIL CORPORATION LTD & ORS ..... Respondents Through: Ms. Mala Narayan, Ms. Neha Dawar and Ms. Madhumati Ghosh, Advocates for R-1 to R-4
Mr. Ripu Daman Bhardwaj, CGSC with Mr. Kavindra Gill, Advocate for R-5 Mr. Atul Bandhu, Advocate for R-6 Mr. Rizwan, Advocate for R-8 and R-12
Ms. Isha Mital and Mr. Apoorv Kurup, Advocate for R-17
Mr. Vivek Aggarwal, Standing Counsel for NDMC and Mr. Abhishek Mishra, ASC
%
07.05.2018
¶1Counter affidavit is filed on behalf of respondent no. 1 to 4.
¶2Mr. Ripu Daman Bhardwaj, counsel for respondent No.5 says that he does not wish to file a counter affidavit in the matter.
¶3It appears that counter affidavits have not been filed on behalf of respondent no. 6 to 18.
¶4Mr. Mr. Atul Bandhu, who, appears for respondent no. 6 says that he would require five weeks to file a counter affidavit in the matter.
¶5At this stage counsel for respondent no. 10 says that counter affidavit has been filed but the same is not on record. Counsel will take steps to have the counter affidavit placed on record. A copy of the same will be served to the counsel for the petitioner.
¶6Issue court notice to respondent no. 7, 9, 13 to 16 and 18.
¶7Since, counsels for respondent no. 8, 11, 17 and 12 are present in court, they are given six weeks to file their counter affidavits in the matter.
¶8Similar liberty is given to those respondents to whom court notice is issued. Copy of the order passed today will accompany the notice.
¶9Rejoinder thereto, if any, be filed before the next date of hearing.
¶10List on 23.10.2018.
RAJIV SHAKDHER, J. MAY 07, 2018 ds/rd * + W.P.(C) 8528/2011
BHARAT STORES
..... Petitioner Through: Mr. Rajiv Khosla and Mr. Tejinder Singh, Advocates
GNCT OF DELHI AND ORS
..... Respondents Through: Mr. Santosh Kumar Tripathi, ASC for GNCTD with Mr. Shashank S. Tiwari, Advocate
%
07.05.2018
¶1No time left, it is already 5:30 PM.
¶2List this matter in the category of after notice miscellaneous matter on
30.8.2018.
RAJIV SHAKDHER, J. MAY 07, 2018 ds/rd * + W.P.(C) 6203/2011 & CM APPL. 12522/2011, CM APPL. 20925/2015
RANHOLA MANUFACTURER ASSOCIATION & ANR
..... Petitioners
Through: Mr. Amit Gupta, Advocate
GOVT OF NCT OF DELHI & ANR
..... Respondents Through: Mr. Satyakam, Standing Counsel, Govt. of NCT of Delhi
%
07.05.2018
¶1List along with W.P.(C) 3307/2008.
¶2In the meanwhile, Mr. Satyakam will place the status report on the record. It is made clear that the copy of the status report will be served on counsel for the petitioner.
¶3Renotify the matter on 26.10.2018.
RAJIV SHAKDHER, J. MAY 07, 2018 ds/rd * + W.P.(C) 3307/2008 & CM APPL. 4493/2011, CM APPL. 6267/2011 NANGLI SAKRAWATI SMALL SCALE INDUSTRIES ASSOCIATION (REGD.) & ANR
..... Petitioners Through: Ms. Malini Sud, Mr. Vikas Mishra, Mr. Shashwat Tripathi and Ms. Shaleen Srivastava, Advocates
GOVT. OF NCT OF DELHI & ANR
..... Respondents Through: Mr. Satyakam, Standing Counsel, Govt. of NCT of Delhi
%
07.05.2018
¶1Learned counsel for the petitioner says that interim protection has been granted in a connected writ raising a similar issue i.e, W.P.(C) 6203/2011.
¶2To be noted, according to the petitioner the interim order was passed as far back as on 26.8.2011.
¶3In these circumstances, respondents are put to notice that if any coercive steps are to be taken against the petitioner they will approach the court in the first instance.
¶4In the meanwhile, Mr. Satyakam will place GNCTD's status report on the record. It is made clear that the copy of the status report will be served on the counsel for the petitioner.
¶5Renotify the matter on 26.10.2018.
RAJIV SHAKDHER, J. MAY 07, 2018/ds/rd * + W.P.(C) 2086/2016 & CM. APPL. 8938/2016
MARUTI SUZUKI INDIA LTD.
..... Petitioner Through: Mr. P. Chidambaram, Senior Advocate with Mr. Rajshekhar Rao, Ms. Smarika Singh and Ms. Shreya, Advocates
COMPETITION COMMISSION OF INDIA ..... Respondent Through: Mr. Vaibhav Gaggar, Ms. Sumedha Dang and Mr. Arjun Kant, Advocates
%
07.05.2018
¶1Mr. P. Chidambaram, learned Senior Advocate says that the captioned Writ Petition is interlinked with W.P. (C) 6610/2014 which pending adjudication before the Division Bench.
¶2Furthermore, Mr. Chidambaram draws my attention to order dated 15.3.2016, whereby, this court has directed that no coercive action be taken against the petitioner. Learned counsel says that this order has continued till today.
¶4Mr. Vaibhav Gaggar who appears for the respondent informs me that the constitutional validity of the Competition Act, 2002 has been assailed in the writ petition pending before the Division Bench.
¶5In the circumstances renotify the matter on 25.10.2018.
¶6Interim order dated 15.3.2016 is made absolute during the pendency of the captioned Writ petition.
¶7CM. APPL. 8938/2016 is accordingly disposed of.
MAY 07, 2018 rd/ds * + W.P.(C) 7026/2015 & CM. APPL. 12878/2015, CM. APPL. 18072/2015
NCM (INDIA) LTD.
..... Petitioner Through: Mr. Amit Sibal, Senior Advocate with Mr. Amitabh Chaturvedi and Mr. Himesh Thakur, Advocates
AIR INDIA LTD. & ORS
..... Respondents
Through: Mr. Mukesh Kumar, Advocate Ms. Anjana Gosain, Ms. Rabiya Singh Thakur and Ms. Shalini Nair, Advocates
%
07.05.2018
¶1Apart from anything else Mr. Amit Sibal, learned Senior Advocate says that a show cause notice (SCN) has been issued by a subordinate of the person against whom the allegations of corruption were made by the petitioner. It is in this behalf stated that SCN was issued by respondent No.4, who is the subordinate of respondent No.2, against whom allegations of corruption were made by the petitioner.
¶2Mr. Mukesh Kumar, who, appears for the respondent no. 1 to 5 says that he will obtain instructions in the matter.
¶3In the meanwhile, those respondents who have not filed their counter affidavits will do so within four weeks. Rejoinder, if any, be filed before the next date of hearing.
¶4Renotify the matter on 25.10.2018.
MAY 07, 2018 ds * + W.P.(C) 7691/2009 & CM. APPL. 3879/2009, CM. APPL. 19613/2016
ISHWAR SINGH
..... Petitioner
Through: Mr. K.K. Nangia, Advocate
STATE OF NCT AND ORS.
..... Respondents Through: Mr. Rajan Sabharwal, Standing Counsel for NDMC
%
07.05.2018
¶1Learned proxy counsel for the petitioner seeks a short accommodation on the ground that the main counsel is in personal difficulty. The request is not opposed by the counsel for the respondents.
¶2Accordingly, renotify the matter on 16.10.2018.
RAJIV SHAKDHER, J. MAY 07, 2018 ds * + W.P.(C) 11821/2016 & CM. APPL. 46623/2016, CM. APPL. 20319/2017, CM. APPL. 25224/2017
UNION OF INDIA
..... Petitioner
Through: Mr. Kirtiman Singh, CGSC
COMMODORE PK BANERJEE
..... Respondent Through: Ms. Pritika Kumar and Ms. Ishita Bisht, Advocates
+ W.P.(C) 1268/2017 & CM. APPL. 5741/2017, CM. APPL. 3744/2018
UNION OF INDIA
..... Petitioner
Through: Mr. Kirtiman Singh, CGSC
COMMODORE PK BANERJEE
..... Respondent Through: Ms. Pritika Kumar and Ms. Ishita Bisht, Advocates
%
07.05.2018
¶1Ms. Pritika Kumar seeks an accommodation in the matter. The request is not opposed by Mr. Kirtiman Singh, counsel for the petitioner.
¶2In the meanwhile, counsel for the parties will file their written submissions not exceeding three pages each.
¶3Renotify the matter on 24.9.2018.
¶4Interim order will continue to operate, in the meanwhile.
RAJIV SHAKDHER, J. MAY 07, 2018/ds * + W.P.(C) 11808/2016 & CM. APPL. 46598/2016
UNION OF INDIA
..... Petitioner Through: Mr. Abhishek Ghai, Advocate for Sanjeev Narula, CGSC
LT COL RAJESH MALIWAL
..... Respondent
Through:
%
07.05.2018
¶1It appears that notice could not be issue as the process fee was not filed.
¶2On steps being taken, fresh notice shall issue to the respondent.
¶3Renotify the matter on 17.9.2018.
¶4Interim order will continue to operate, in the meanwhile.
MAY 07, 2018 rd/ds * + W.P.(C) 11809/2016 & CM. APPL. 46600/2016
UNION OF INDIA
..... Petitioner Through: Mr. Abhishek Ghai, Advocate for Sanjeev Narula, CGSC
BRIG RAKESH SHARMA
..... Respondent
Through: (Appearance not given)
%
07.05.2018
¶1Mr. Abhishek Ghai says that Mr. Narula has been recently appointed in the matter as counsel for the petitioner. Counsel seeks time to file a rejoinder in the matter. Time for this purpose was given far back as on 14.9.2017.
¶2Further time is given subject to cost of Rs. 2,000/-.
¶3Renotify the matter on 17.9.2018.
¶4Interim order will continue to operate, in the meanwhile.
RAJIV SHAKDHER, J. MAY 07, 2018 rd/ds * + W.P.(C) 8121/2017 & CM. APPL. 33399/2017, CM. APPL. 2423/2018
GOVIND RAM
..... Petitioner Through: Mr. Naresh Kaushik, Mr. B. Tripathy and Mr. Randhir Pandey, Advocates
GOVT. OF NCT DELHI & ORS
..... Respondents Through: Mr. Arun Birbal and Mr. Sanjay Singh, Advocates for DDA
Mr. Mukesh Gupta for SDMC with Ms. Shashi Gupta, Advocates for R-4
Mr. Santosh Kumar Tripathi, Advocate for R-1 & R-5 to R-8.
SI S.K. Singh, P.S. Fateh Pur Beri, South District, New Delhi
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07.05.2018
CM. APPL. No. 2423/2018
¶1Mr. Naresh Kaushik informs me that despite directions contained in order dated 6.2.2018, respondent no. 1 has not filed its status report.
1.1 To be noted, respondent no. 4 & 5 to 8 have filed their status report.
1.2 There is, though, no representation on behalf of respondent no.
¶2Issue court notice to respondent no. 1/GNCTD standing counsel.
¶3At this stage, Mr. Tripathi appears for respondent no. 1 and states that he will obtain instructions in the matter and file the status report within the next three weeks.
¶6Accordingly, rejoinder, thereto if any, be file before the next date of hearing.
¶7Renotify the matter on 5.10.2018.
MAY 07, 2018 rd/ds * + W.P.(C) 6484/2017 & CM. APPL. 26884/2017, CM. APPL. 9488/2018
M/S. A2Z INFRA ENGINEERING LTD.
..... Petitioner Through: Mr. T.K. Ganju, Senior Advocate with Ms. Divya Bhalla and Mr. Dhritiman Roy, Advocates
POWER GRID CORPORATION OF INDIA LTD. ..... Respondent Through: Mr. S.B. Upadhyay, Senior Advocate with Mr. Pawan Upadhyay, Mr. Nishant Kumar, Mr. Rajesh Chhetri and Ms. Meenakshi Rawat, Advocates
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07.05.2018
¶1At request of Mr. T.K. Ganju, list on 8.5.2018 at 2:30 PM.
MAY 07, 2018 rd/ds * + W.P.(C) 4309/2017
NARI UTHAN SAMITI
..... Petitioner Through: Mr. Sanjay Baniwal, Mr. Kamlesh Kumar Mishra and Mr. Manish, Advocates
UNION OF INDIA AND ORS
..... Respondents Through: Ms. Abha Malhotra and Mr. Hemant Chawla, Advocates for R-1
Ms. Warisha Farasat, Advocate for R-2
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07.05.2018
¶1Ms. Warisha Farasat appears for the respondent no. 2 and says that she does not wish to file counter affidavit in the matter.
¶2Ms. Abha Malhotra, who, appears for respondent no. 1 seeks further time to file a counter affidavit. The request is acceded subject to payment of cost of Rs. 5,000/-.
¶3Counter affidavit be filed within a period of 6 weeks from today. Rejoinder, if any, be filed before the next date of hearing.
¶4Proof of cost be placed on record.
¶5Renotify the matter on 12.10.2018.
MAY 07, 2018 rd/ds * + W.P.(C) 11810/2016 & CM. APPL. 29718/2017
M/S SARVOTTAM INDUSTRIES LTD.
..... Petitioner Through: Ms. Ankita Bajpai and Mr. Sumesh Dhawan, Advocates
STATE BANK OF BIKANER AND JAIPUR ..... Respondent
Through: Mr. Ishaan Verma, Advocate
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07.05.2018
CM. APPL. 29718/2017(Restoration)
¶1This is an application filed to seek recall of order dated 09.08.2017, whereby, the writ petition was dismissed for non-prosecution.
¶2Mr. Ishaan Verma, who, appears for State Bank of India (SBI) informs me that the respondent/State Bank of Bikaner and Jaipur stands merged with SBI.
¶3Counsels says that he has instructions to appear in the mater on behalf of SBI.
¶4Given the aforesaid submission, counsel for the petitioner is directed to take steps to amend the memo of parties. Let the needful be done before the next date of hearing.
¶5In case counsel for SBI receives instructions to resist the application, reply will be filed before the next date.
¶6In the meanwhile, counsel for the applicant/petitioner will furnish a set of paper book to counsel for SBI.
¶7Renotify the matter on 21.5.2018.
MAY 07, 2018 rd/ds * + W.P.(C) 11594/2016 CONFEDERATION OF RELOCATED INDUSTRIES BAWANA & ANR
..... Petitioners Through: Mr. Arun Birbal and Mr. Sanjay Singh, Advocates.
DSIIDC AND ORS
..... Respondents Through: Ms. Nikita Salwan, Advocate for R-1/DSIIDC. Mr. Ajay Arora, Advocate for MCD. Ms. Sangita rai with Mr. Pradeep Singh Tomar, Advocates for R-2. Mr. Amit Bansal, Mr. Abhishek Kumar and Ms. Arushi Gupta, Advocates for R-4 to 6.
Mr. B.K. Mishra, Advocate for R-7. Mr. Devanshu, Mr. Sumeet Pushkarna and Mr. Vinod Kumar, Advocates for R-8/ DJB.
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07.05.2018
¶1It appears that except for respondents no. 1 to 7, other respondents have not filed their counter affidavits. Accordingly, the remaining respondents are given six weeks time to file their counter affidavits, copies of which will be furnished to the counsel for the petitioners.
¶2Rejoinder, if any, be filed before the next date of hearing.
¶3Renotify this matter on 05.10.2018.
MAY 07, 2018/rd/ds
RAJIV SHAKDHER, J. * + W.P.(C) 9066/2016 & CM. APPL. 36727/2016 M/S SURAJ H/L COOP & INDL (PRODUCTION) SOC LTD & ORS
..... Petitioners
Through: Mr. Rajendra Dutt, Advocate.
THE DELHI STATE COOPERATIVE BANK LTD & ORS
..... Respondents Through: Mr. S. K. Kaushik, Advocate for R-1.
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07.05.2018
¶1The respondent was failed to file a counter affidavit.
¶2Mr. S. K. Kaushik, who appears for respondent seeks more time to file a counter affidavit in the matter. Let a counter affidavit be filed within four weeks, subject to payment of cost of Rs.5,000/- to the petitioners.
¶4Rejoinder thereto, if any, be filed before the next date of hearing.
¶5Proof of cost will be placed on record.
¶6Renotify the matter on 31.10.2018.
MAY 07, 2018 rd * + W.P.(C) 6187/2010
INDU BALA AGGARWAL
..... Petitioner
Through: Mr. Ameyavikrama Thanvi, Adv.
UNION OF INDIA & ANR
..... Respondents Through: Mr. Ripu Daman Bhardwaj, CGSC with Mr. T. P. Singh, Adv. for R-1.
Ms. Sumati Anand, Adv. for R-2.
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07.05.2018
¶1Counsel for the parties, jointly request for an adjournment as issue arising in the captioned petition also arises for consideration in LPA No. 315/2010.
¶2Accordingly, at joint request, renotify the matter on
28.11.2018.
MAY 07, 2018 rd * + W.P.(C) 4842/2018 & CM. APPL. 18639-18640/2018
ASIAN COLOUR CONATED ISPAT LIMITED ..... Petitioner Through: Mr. P. Chidambaram, Sr. Advocate with Mr. Aaditya Vijay Kumar, Mr. Tanmay Mehta, Mr. Sanskar Agarwal, Ms. Akshita Katoch, Mr. Ajay Kumar and Ms. Vany Sharma, Advocates.
RESERVE BANK OF INDIA AND ORS. ..... Respondents Through: Mr. H.S. Parihar and Mr. Kuldeep S. Parihar, Advocates for R-1.
Mr. Ankur Mittal and Mr. Abhay Gupta, Advocates for R-2.
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07.05.2018
¶1At request of Mr. P. Chidambaram, learned senior counsel for the petitioner, renotify the matter on 17.5.2018.
¶2Mr. P. Chidambaram says that in the meantime, steps will be taken to amend the prayer made in the Writ Petition.
MAY 07, 2018 rd * + W.P.(C) 4831/2018 CM. APPL. 18623-18624/2018
TRILOKNATH JHA
..... Petitioner Through: Mr. Ashutosh Thakur and Mr. Rajneesh, Advocates.
STATE OF NCT AND ORS.
..... Respondents Through: Mr. Santosh Kumar Tripathi, ASC for GNCTD.
Mr. O. P. Gaggar, Advocate.
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07.05.2018
CM Appl.No.18623/2018(exemption)
¶1Allowed, subject to just exceptions.
W.P.(C) 4831/2018 CM. APPL.18624/2018
¶2After some arguments, learned counsel for the petitioner seeks to withdraw the Writ Petition with liberty to take recourse to an appropriate action in accordance with law.
¶3Accordingly, the writ petition is dismissed as withdrawn with liberty as prayed for.
¶4Consequently, pending application shall stand closed.
MAY 07, 2018/rd * + W.P.(C) 4830/2018 & CM. APPL. 18619-18620/2018
SONI JAIN
..... Petitioner Through: Mr. A.K. Jain and Mr. Narender Sharma, Advocates.
HDB FINANCIAL SERVICES LIMITED & ORS ..... Respondents
Through: Appearance not given.
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07.05.2018
CM Appl.No.18620/2018(exemption)
¶1Allowed, subject to all just exceptions.
W.P.(C) 4830/2018 & CM. APPL. 18619/2018
¶2After some arguments learned counsel for the petitioner seeks to withdraw the Writ Petition with liberty to take recourse to an appropriate remedy in accordance with law. The petition is dismissed as withdrawn with liberty as prayed.
¶4Consequently, pending applications shall stand closed.
MAY 07, 2018/rd * + W.P.(C) 4814/2018
UNION OF INDIA THROUGH SECRTARY TO THE GOVT. OF
INDIA MINISTRY OF FINANCE, DEPARTMENT OF
FINANCIAL SERVICES
..... Petitioner
Through: Ms. Maninder Acharya, ASG with Mr. Akshay Makhija, CGSC, Mr. Aditya Goyal & Ms. Kriti Awasthi & Mr. Sahil Sood, Advs.
SHRI P. RAMAKRISHNA RAJU AND ORS. ..... Respondents
Through: Mr. Rajesh Kr. Gautam, Adv. for R-7.
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07.05.2018 CM APP No.18520/2018(exemption)
¶1Allowed, subject to all just exceptions. W.P.(C) 4814/2018 & CM APP No.18519/2018
¶2Ms. Maninder Acharya, learned ASG, who appears for the petitioner, seeks a short accommodation to file an additional affidavit in the matter. The additional affidavit, if filed, will be accompanied by the proceedings held before the National Human Right Commission.
¶3Renotify the matter on 17.5.2018.
¶4It is made clear that there is no stay on the impugned order.
MAY 07, 2018/ak * + W.P.(C) 4807/2018
RAM PARSAD BISMIL
..... Petitioner
Through: Mr. Rajeev Ranjan Pandey with Mr. Manmohan, Advs.
THE STATE NCT OF DELHI AND ANR. ..... Respondents
Through: Mr. Sameer Vashisht, ASC for R-2 & 3.
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07.05.2018 CM APP No. 18507-508/2018(exemptions)
¶1Allowed, subject to all just exceptions. W.P.(C) 4807/2018
¶2Issue notice.
¶3Mr. Sameer Vashisht, learned counsel accepts notice on behalf of the official respondents. Learned counsel states that he does not oppose the prayer made in the petition. The substantive prayer made in the petition is as follows:- "A. Issue a writ of mandamus or any other appropriate writ/s in favor of the Petitioner and against the respondent no 2 and 3 whereby directing the respondent no 2 and 3 to make corrections in the revenue record by recording the name of the petitioner Sh. Shirya in the revenue record of land bearing Khasra Number 172/43 Khatauni no. 79/133 measuring (4-16) situated in the area of village Badar Pur Khadar Delhi-110094 and handed over to the petitioner, in the interest of justice."
W.P.(C) 4807/2018
¶4Learned counsel for the respondents states that the present writ petition may be treated as a representation. It is further stated that the concerned SDM will grant a personal hearing to the petitioner qua which a written notice will be issued to the petitioner. Learned counsel says that the SDM will pass a speaking order within ten weeks from today.
¶5The said statement is taken on record. It is ordered accordingly.
¶6The concerned SDM will pass a speaking order after hearing the petitioner; a copy of which will be given to the petitioner. In case, the petitioner is aggrieved by the final determination rendered by the SDM, he will have liberty to assail the same in the manner known to law.
¶7Dasti.
MAY 07, 2018/ak
W.P.(C) 4807/2018
* + W.P.(C) 4802/2018
SH. SUKHBIR SINGH
..... Petitioner
Through: Mr. Gaurav Sarin with Mr. Sudhanshu Tomar, Mr. S.K.Rout, Mr. Abhishek Manchanda, Advs.
UNION OF INDIA AND ORS.
..... Respondents
Through: Mr. Prasanta Varma, Sr. Adv. with Ms. Prativa Rani Varma & Ms. Shalu Goswami, Advs. for R-1. Mr. Devesh Singh, Adv. for R-3. Mr. Sanjay Singh, Adv. for R-4/DDA.
%
07.05.2018 CM APP No. 18479/2018(exemption)
¶1Allowed, subject to all just exceptions. W.P.(C) 4802/2018 & CM APP No. 18478/2018
¶2Issue notice.
¶3Mr. Gaurav Sarin, learned counsel, who, appears for the petitioner states that the issue which arises in the present petition is similar to the issue which arises in WP(C) No.3830/2018, titled: Manish Kumar & Ors. vs. Union of India & Ors.
¶4My attention has been drawn by Mr. Sarin to the order dated
18.4.2018, passed by this court. It appears that the super structure W.P.(C) 4802/2018
which the petitioner had built, falls in Khasra Nos.1030 and 1033, situate in Mahipalpur Village.
4.1 To be noted, a part of the structure which falls in Khasra No.1030 has already been demolished.
¶5As in the other case, Mr. Sarin, states that the remaining super structure which falls in Khasra No.1033, cannot be demolished even though it is unauthorized by virtue of the enactment of the National Capital Territory of Delhi Laws (Special Provisions) Act, 2011 as amended by the National Capital Territory of Delhi Laws (Special Provisions) Act, 2017.
5.1 Mr. Sarin, thus, states that status quo be maintained insofar as the possession of the petitioner is concerned, qua Khasra No.1030.
¶6Issue notice.
6.1 Ms. Prativa Rani Varma, accepts notice for respondent no.1, while Mr. Devesh Singh, accepts notice for respondent no. 3. Likewise, Mr. Sanjay Singh, accepts notice for respondent no.4.
¶7On steps being taken, notice shall issue to respondent no.2. Counter affidavit(s) be filed within four weeks from today. Rejoinder thereto, if any, be filed by the next date of hearing.
¶8Till the next date of hearing, status quo as to the possession, obtaining as of now, shall be maintained.
¶9List the matter on 13.11.2018.
¶10Dasti.
MAY 07, 2018/ak W.P.(C) 4802/2018
* + W.P.(C) 4873/2018
GURSHARAN JEET GANDHI & ANR
..... Petitioners
Through: Mr. Abhinav Agnihotri, Adv.
UNION OF INIDA & ANR
..... Respondents
Through: Mr. Bhagvan Swarup Shukla, CGSC
with Mr. Kamaldeep, Adv.
%
07.05.2018 CM APP No. 18784/2018(exemption)
¶1Allowed, subject to just exceptions. W.P.(C) 4873/2018
¶2Issue notice.
¶3Mr. Shukla, learned counsel accepts notice on behalf of the official respondents. Counter affidavit be filed within three weeks from today. Rejoinder thereto be filed before the next date of hearing.
¶3List on 6th August, 2018.
MAY 07, 2018/ak * + W.P.(C) 4861/2018, CM App. Nos.18723-724/2018
RAJEEV JETLY
..... Petitioner
Through: Mr. Ashok Chhabra with Mr. Pawan Sharma & Ms. Arpita Yadav, Advs.
UNION OF INDIA AND ORS.
..... Respondents
Through: Mr. Bhagvan Swarup Shukla, CGSC
with Mr. Kamaldeep, Adv.
%
07.05.2018
¶1Mr. Ashok Chhabra, learned counsel for the petitioner states that he will place on record the order dated 19.5.2017 passed by this court.
¶2At request, renotify on 14th May, 2018.
MAY 07, 2018/ak * + W.P.(C) 9461/2017
SONALI BHAGWATI DALAL AND ANR. ..... Petitioners
Through: Ms. Mohna M.Lal, Adv.
UNION OF INDIA AND ORS.
..... Respondents
Through: Mr. Abhishek Ghai, Adv. for Mr. Sanjeev Narula, CGSC.
%
07.05.2018 CM No.18790/2018
¶1Issue notice.
¶2Mr. Abhishek Ghai, accepts notice on behalf of the respondents.
¶3Learned counsel states that in view of the orders already passed in the matters raising similar issues, he does not wish to file a reply. Furthermore, learned counsel for the official respondents states that directions similar to the order dated 22.03.2018, passed in W.P.(C) No. 2472/2018, titled: Puja Tandon & Anr. vs. Union of India & Anr. be passed in the present application as well.
¶4As noted in the order dated 2.02.2018, the applicants/petitioners appear to have filed an appeal under Section 252 of the Companies Act, 2013. It is the stand of the applicants/petitioners that the W.P.(C) 9461/2017
said appeal has not been disposed of by the NCLT. The interim directions which were issued qua the applicants/petitioners vide order dated 02.04.2018 expired on 30.04.2018 As at that time CODS-2018 stood extended till 30.04.2018.
¶5In view of the fact that the appeal is still pending, the interim direction granted by this court vide order dated 02.04.2018, shall stand extended till the disposal of the appeal by the MCA. The application is disposed of in the aforesaid terms.
¶6Dasti.
MAY 07, 2018/ak
W.P.(C) 9461/2017
* + W.P.(C) 4852/2018
ONS FOODS AND BEVERAGES PRIVATE LIMITED ..... Petitioner
Through: Mr. Dinesh Mohan Sinha, Adv.
THE REGISTRAR OF COMPANIES NCT OF DELHI AND HARYANA & ANR
..... Respondents
Through: Mr. Arun Bhardwaj, Adv.
%
07.05.2018
¶1Issue notice.
¶2Mr.Arun Bhardwaj, learned counsel accepts notice on behalf of the respondents. Counter affidavit be filed within three weeks. Rejoinder thereto be filed before the next date of hearing.
¶3List on 3rd August, 2018.
MAY 07, 2018/ak * + W.P.(C) 4849/2018
SAVINDER SINGH SARNA AND ORS.
..... Petitioners
Through: Mr. Naman Issrani with Mr. Rakesh K. Sharma, Advs.
REGISTRAR OF COMPANIES AND ORS. ..... Respondents
Through: Mr. A.P.Singh, Adv. for R-1 to 3.
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07.05.2018 CM APP No. 18651/2018(exemption)
¶1Allowed, subject to just exceptions. W.P.(C) 4849/2018 & CM APP No. 18650/2018
¶2Issue notice. Mr.A.P.Singh, learned counsel accepts notice on behalf of the respondents. Counter affidavit be filed within three weeks. Rejoinder thereto be filed before the next date of hearing.
¶3List on 2nd August, 2018.
MAY 07, 2018/ak * + W.P.(C) 4843/2018
MAHESH CHAUDHARY & ANR.
..... Petitioners
Through: Ms. Aditi Sharma, Adv.
UNION OF INDIA & ANR.
..... Respondents
Through:
%
07.05.2018 CM APP No. 18642/2018(exemption)
¶1Allowed, subject to all just exceptions. W.P.(C) 4843/2018 & CM APP No. 18641/2018
¶2On steps being taken, notice shall issue to respondents, returnable on 1st August, 2018.
¶3In addition, service be effected via private mode as well.
MAY 07, 2018/ak * + W.P.(C) 4835/2018
SHIVANI BHATNAGAR
..... Petitioner
Through: Mr. Shobhan Mahanti, Adv.
UNION OF INDIA & ORS
..... Respondents
Through: Mr. Arun Bhardwaj, Adv.
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07.05.2018 CM APP No. 18629/2018(exemption)
¶1Allowed, subject to just exceptions. W.P.(C) 4835/2018
¶2Issue notice. Mr. Arun Bhardwaj, learned counsel accepts notice on behalf of the respondents. Counter affidavit, if any, be filed within three weeks. Rejoinder thereto be filed before the next date of hearing.
¶3List on 31st July, 2018.
MAY 07, 2018/ak * + W.P.(C) 4823/2018
B L AGRO OILS LTD
..... Petitioner
Through: Mr. Abhishek Chakraborty, Adv. for
Mr. Sanjeet K. Trivedi, Adv.
UNION OF INDIA & ANR
..... Respondents
Through:
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07.05.2018 CM APP No. 18544/2018(exemption)
¶1Allowed, subject to all just exceptions.
¶2Application stands disposed of. W.P.(C) 4823/2018
¶3A request for accommodation is made on behalf of counsel for the petitioner on the ground that a member of the family of his Advocate is taken ill.
¶4To be noted, in the present matter, the petitioner seeks to challenge cancellation of the contract awarded to him by the respondent vide impugned letter dated 24.10.2017. A perusal of the impugned letter would show that the contract has been terminated on the ground that upon inspection of the facility of the petitioner it was found its factory did not have an integrated facility for processing, W.P.(C) 4823/2018
packaging and storage qua edible oil.
¶5Prima facie, the Clause 3(a) of the invitation of on line bids for supply of 6000 metric ton edible oil required the tenderor to possess such a facility.
¶6Since a request is made for accommodation on behalf of counsel for the petitioner, renotify the matter on 22nd May, 2018.
MAY 07, 2018/ak
W.P.(C) 4823/2018
* + W.P.(C) 4543/2018, CM Appl. No.17603/2018
VIJAY KUMAR SINHA & ANR
..... Petitioners
Through: None.
UNION OF INDIA & ORS
..... Respondents
Through: Mr. Manish Mohan, CGSC with Ms. Manisha Saroha & Dr. G.L.Bhatia, Advs. for R-1 & 2.
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07.05.2018
¶1There is no appearance on behalf of the petitioners. The position was no different on the previous date i.e. 1.5.2018.
¶2Accordingly, the writ petition is dismissed for non-prosecution.
¶3The pending application shall stand closed.
MAY 07, 2018/ak * + W.P.(C) 7222/2014
M/S. JAIN BOTHERS
..... Petitioner
Through: Mr. Prateek Kohli, Adv.
DSIIDC
..... Respondent Through: Mr. Satvik Varma & Mr. Lalltaksu Joshi & Mr. Tanveer S. Oberoi, Advs. for DSIIDC.
%
07.05.2018 CM No.18705/2018
¶1Issue notice.
¶2Mr. Satvik Varma, learned counsel accepts notice on behalf of the respondent. Learned counsel states that he has no objection to the prayer made in the application. The substantive prayer made in the application is as follows:- "(a)correct the typographical error in para 16 by correcting the figure as referred to in para 16 as Rs. 22,15,160/- instead of Rs. 22,15,16."
¶3For the reasons given in the application, the prayer is allowed. The figure of Rs.22,15,16/- mentioned in paragraph 16 of order dated
13.3.2018 shall read as Rs.22,15,160/-.
3.1 It is made clear that all other directions contained in the order dated 13.3.2018 shall remain unaltered.
¶4The application is disposed of.
MAY 07, 2018/ak * + W.P.(C) 8263/2017
ALICE EDUCATIONAL TRUST (REGD.) ..... Petitioner
Through: Ms. Shweta, Adv.
UNION OF INDIA & ANR.
..... Respondents
Through: Mr. Jaswant Rai Aggarwal with Mr. Vikrant Goyal, Adv. for R-1. Mr. Anil Soni with Mr. Abhinav Tyagi, Adv. for R-2.
%
07.05.2018 CM Appl.No.18704/2018
¶1The limited prayer sought in the application is that notice be issued in CM No.7092/2018. The said application has been filed for impleadment of, one, Mr. Bijay Chandra.
¶2Counsel for the respondent has no objection to the notice being issued in CM No.7092/2018. Accordingly, the application is allowed. CM Appl.No.7092/2018
¶3Issue notice.
¶4Mr. Vikrant Goyal, learned counsel accepts notice on behalf of the respondent no.1 and Mr. Abhinav Tyagi, learned counsel, accepts notice on behalf of the respondent no.2. Reply, if any, be filed within three weeks from today. Rejoinder thereto be filed before the next date of hearing.
¶5List the application on 8.8.2018.
¶6Since, it is stated by counsel for the respondents that a copy of the application has not been served on them, counsel for the applicant/petitioner will do the needful within two days from today.
MAY 07, 2018/ak * + W.P.(C) 4874/2018
M/S RAMESH CHAND GUPTA AND SONS ..... Petitioners
Through: Mr. Pardeep Gupta with Mr. Parinav Gupta
& Ms. Mansi Gupta, Advs.
GOVERNMENT OF NCT OF DELHI AND ORS. ..... Respondents
Through: Mr. Gautam Narain, ASC with Mr. Chirayu Jain, Adv. for R-1 & 2.
%
07.05.2018 CM APP No. 18786-787/2018(exemptions)
¶1Allowed, subject to all just exceptions.
¶2Applications stand disposed of. W.P.(C) 4874/2018 & CM APP No. 18788/2018
¶3Issue notice.
¶4Mr. Gautam Narain, learned counsel accepts notice on behalf of respondent No.1 and 2. Counter affidavit, if any, be filed within three weeks from today. Rejoinder thereto be filed before the next date of hearing.
¶5Renotify on 16th July, 2018.
MAY 07, 2018/ak * + W.P.(C) 4892/2018
RISHI PAL SHARMA
..... Petitioner
Through: Mr. Doko Devesh with Mr. Uopo Singh, Advs.
GOVT. OF NCT DELHI & ORS.
..... Respondents
Through: Ms. Shobhna Takiar, Adv.
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07.05.2018 CM APP No. 18842/2018(exemption)
¶1Allowed, subject to all just exceptions. W.P.(C) 4892/2018 & CM APP No. 18841/2018
¶2Issue notice.
¶3Ms. Shobhna Takiar, learned counsel accepts notice on behalf of the respondents. In view of the direction that I propose to pass, learned counsel for the respondents says that she does not wish to file a reply. The substantive prayer made in the writ petition is as follows. "(a) Issue an appropriate writ, direction or order restraining the respondent no.1 and 2 from demolishing the property of the petitioner i.e. H.No.261 situated at Khasra No.128 admeasuring 14 Biswa, Village Asola, New Delhi."
W.P.(C) 4892/2018
¶4The petitioner claims that the property in the prayer clause (a) of the writ petition is located in Khasra No.128, in village Asola, New Delhi. The petitioner, however, apprehends that the said property would be demolished, as according to him, incorrect demarcation has taken place.
¶5To be noted, vide notice dated 3.5.2018, issued by the Government of NCT of Delhi, the office of the District Magistrate, (South), action by the official respondents is to be taken only qua the properties which are located in Khasra Nos.126 and 127, in village Asola, New Delhi. The ownership of which is claimed by the Gaon Sabha. The said land, according to the said notice, stands transferred to the Department of Forest via notification dated 24.5.1994.
¶6Counsel for the respondents" states that a representation has been made in this behalf by the petitioner to the concerned District Magistrate.
6.1. My attention in this behalf is drawn to pages 35-36 of the paper book.
¶7In these circumstances, the writ petition along with pending application is disposed of with the direction to the concerned District Magistrate to dispose of the representation of the petitioner within the shortest possible time. Pending the disposal of the writ petition, no coercive measures will be taken qua the petitioner"s property. The District Magistrate would also accord personal hearing to the petitioner and, thereafter, pass a speaking order. In case the petitioner is aggrieved by the final determination he will be at liberty to assail W.P.(C) 4892/2018
the same, albeit, in accordance with law.
¶8Dasti under signatures of the Court Master.
MAY 07, 2018/ak
W.P.(C) 4892/2018
* + W.P.(C) 7002/2005, CM Appl Nos.9047, 28130, 29221/2015 &
37338/29016
M/S POOJA METAFAB P. LTD.
..... Petitioners
Through: Mr. Rajendra Sharma, Petitioner No.2 in person.
DELHI FINANCIAL CORPORATION
..... Respondent
Through: Mr. D. Bhattacharya, Adv.
%
07.05.2018
¶1Mr. Rajendra Sharma, petitioner No. 2 is present in person. He seeks accommodation on the ground that a member of the family of his Advocate has taken ill.
¶2Request for accommodation is not opposed by counsel for the respondent.
¶3Accordingly, renotify the matter on 05.10.2018.
MAY 07, 2018/ak * + W.P.(C) 7799/2016
PUSHPA GUPTA AND ANR
..... Petitioners
Through: Ms. Noopur Singhal, Adv. for
Mr. P.N.Dhar, Adv.
NATIONAL CAPITAL TERRITORY OF DELHI AND ANR ..... Respondents
Through: Ms. Jyoti Taneja, Adv. for R-1 & 2.
%
07.05.2018
¶1Request for accommodation is made on behalf of Mr. P.N.Dhar, learned counsel for the petitioners.
¶2Request is not opposed by counsel for the respondents.
¶3Accordingly, renotify the matter on 16th October, 2018.
MAY 07, 2018/ak * + W.P.(C) 7490/2015, CM App.No.14278/2015
MURTI DEVI AND ORS.
..... Petitioners
Through: Ms. Smita Maan with Mr. Vishal Maan Advs.
S.D.M. (HAUZ KHAS) AND ORS.
..... Respondents
Through: Mr. Naushad Ahmad Khan, Adv. for GNCTD.
Mr. Hashmat Nabi, Adv. for R-2.
%
07.05.2018
¶1I am informed by counsel for the respondent no.2 that the Delhi WAKF Tribunal has been constituted and is presently functioning.
¶2Accordingly, counsel for the petitioners states that while the petitioners are before the Tribunal and the matter is coming up on
1.8.2018, the interim order passed by this Court should operate till that date. Accordingly, the writ petition is disposed of.
¶3The petitioners will prosecute their matter which is pending before the Tribunal. The interim protection granted by this Court vide order dated 7th August, 2015 shall operate till 1.8.2018.
¶4Tribunal will be free to either modify or vacate the order. The interim order will not come in the way of the Tribunal while deciding the matter on merits or at the interim stage.
MAY 07, 2018/ak * + W.P.(C) 4822/2018
SHRI SHIV NARAYAN SINGH
..... Petitioner
Through: Mr. Indra Charan Tudu with Mr. Rajvir Singh, Mr. Vipin & Mr. B.L.Rathi, Advs.
THE GOVT. OF NCT OF DELHI AND ORS. ..... Respondents
Through: Mr. Akhil Mittal, ASC for North MCD/R-2.
%
07.05.2018 CM APP No. 18543/2018(exemption)
¶1Allowed, subject to all just exceptions.
¶2Application stands disposed of. W.P.(C) 4822/2018
¶3Issue notice.
¶4Mr. Akhil Mittal, learned counsel accepts notice on behalf of the respondent no.2
¶5On steps being taken by the petitioner, notice shall issue to the remaining respondents. In addition, service be effect via private mode as well.
¶6Any construction which is made on the subject property will be subject to the final outcome of the writ petition.
¶7List on 16th October, 2018.
MAY 07, 2018/ak * + W.P.(C) 1320/2017
SURAJ SAHNI & ANR.
..... Petitioners
Through: Mr. M. Taiyab Khan, Adv.
SUB-DIVISIONAL MAGISTRATE & ORS. ..... Respondents
Through: Mr. sachin Nahar, Adv. for R-1.
Mr. Kavindra Gill, Adv. for R-3.
%
07.05.2018
At joint request, list on 19th November, 2018.
MAY 07, 2018/ak * + W.P.(C) 11287/2016, CM APP Nos.44167/2016 & 8567/2017
LOUIS DREYFUS COMPANY INDIA PVT. LTD. ..... Petitioner
Through: Mr. Pavan Narang & Mr. Shyam Agarwal, Advs.
UNION OF INDIA & ORS
..... Respondents
Through: Mr. Kumar Sameer & Ms. Mishti Singh, Advs. for R-1 to 3.
%
07.05.2018
At joint request, list on 30th October, 2018.
MAY 07, 2018/ak * + W.P.(C) 2966/2018, CM APP No. 11879/2018 RESIDENT WELFARE ASSOCIATION, POLICE COLONY, ANDREWS GANJ, NEW DELHI
..... Petitioner
Through: Mr. Gurpratap Singh with Mr. Junaid, Advs.
DEPUTY COMMISSIONER OF POLICE GENERAL
ADMINISTRATION, DELHI & ORS
..... Respondents
Through: Ms. Prabhsahay Kaur, Adv. for R-1 to 3.
Mr. Ashim Sood, CGSC with Mr. Rhythym, Adv. for R-4.
%
07.05.2018
¶1A request for accommodation is made on behalf of Mr. Ramesh Singh, learned counsel for respondent nos. 1 to 3. Request is not opposed by counsel for the petitioner.
¶2Accordingly, renotify on 28th May, 2018.
MAY 07, 2018/ak * + W.P.(C) 4868/2018, CM APP Nos.18779 & 18780/2018
SURENDRA SINGH
..... Petitioner
Through: Ms. Zubeda Begum with Ms. Mrigna Shekhar, Advs.
UNION OF INDIA
..... Respondent
Through: Mr. Rajesh Gogna, CGSC with
Mr. Kavindra Gill, Adv. for R-1.
%
07.05.2018
¶1Ms. Zubeda Begum, learned counsel for the petitioner submits that the petitioner has applied under the new policy, albeit, without prejudice to his rights and contentions.
¶2To be noted, I am told the result qua applications made under the new Policy will be out on 16th May, 2018.
¶3Mr. Rajesh Gogna, learned counsel for the respondent confirms the said position.
¶4Renotify on 23rd May, 2018.
MAY 07, 2018/ak * + W.P.(C) 3165/2016
DIJO MATHEW AND ORS
..... Petitioners
Through: Mr. Azeem Samuel, Adv.
INSURANCE REGULATORY AND DEVELOPMENT
AUTHORITY OF INDIA
..... Respondents
Through: Mr. Dipak K. Nag, Adv.
%
07.05.2018 CM APP No. 18793/2018
¶1Learned counsel for the applicants/petitioners states that the same has been rendered infructuous as the order has already been uploaded.
¶2Thus, learned counsel for the applicants/petitioners does not press the captioned application. The application is, accordingly, disposed of.
MAY 07, 2018/ak * + W.P.(C) 4332/2018
LAKKAVARAPUKOTA NAVYA AND ANR. ..... Petitioners
Through: Mr. Azeem Samuel, Adv.
MINISTRY OF CORPORATE AFFAIS AND ANR. ..... Respondents
Through: Mr. Nikhil Goel with Mr. Gurpreet Hora &
Mr. Ashutosh Ghade, Advs. for UOI.
%
07.05.2018
¶1Learned counsel for the petitioners states that he has instructions not to press the writ petition.
¶2Accordingly, the petition is dismissed as not pressed.
MAY 07, 2018/ak * + W.P.(C) 4825/2018
NARENDER KUMAR SHARMA & ORS ..... Petitioners
Through: Mr. Ratneshwar Das with Ms. Barnali, Advs.
UNION OF INDIA & ANR
..... Respondents
Through: Mr. Abhay Prakash Sahay, CGSC
with Mr. Suraj Kumar, Adv. for UOI.
%
07.05.2018 CM Appl.No.18547/2018(exemption)
¶1Allowed, subject to all just exceptions. W.P.(C) 4825/2018 & CM Appl.No.18546/2018
¶2Issue notice.
¶3Mr. Abhay Prakash Sahay, learned CGSC accepts notice on behalf of the official respondents. Counter affidavit, if any, be filed within three weeks. Rejoinder thereto, if any, be filed before the next date of hearing.
¶4List the matter on 25th July, 2018.
MAY 07, 2018/ak * + W.P.(C) 3081/2018
ASHWANI MEHTA
..... Petitioner
Through: Mr. Siddhartha Nagpal, Adv.
UNION OF INDIA AND ANR.
..... Respondents
Through: Ms. Bharathi Raju, CGSC with Ms. J.Vijetha, Adv.
%
07.05.2018 CM No.18691/2018
¶1Issue notice.
¶2Ms. Bharathi Raju, learned counsel accepts notice on behalf of the official respondents. She states that she does not wish to file a reply to the writ petition. The substantive prayer made in the application is as follows:- "A. Allow the instant application by granting 15 days' time to the Petitioner/Applicant in order to comply with the directions of this Hon'ble Court in its order dated
18.04.2018."
¶3For the reasons given in the application, time for carrying out the direction contained in the order dated 18.4.2018 is extended till 15th May, 2018. W.P.(C) 3081/2018
¶4The application is disposed of in the aforesaid terms.
¶5Dasti under signatures of the Court Master.
MAY 07, 2018/ak
W.P.(C) 3081/2018
* + W.P.(C) 2573/2018
KHURSHID ALAM
..... Petitioner
Through: Mr. Alok Tripathi, Adv.
UNION OF INDIA AND ORS.
..... Respondents
Through: Mr. Kirtiman Singh, CGSC
%
07.05.2018 CM No.18692/2018
¶1Issue notice.
¶2Mr. Kirtiman Singh, learned counsel accepts notice on behalf of the official respondents. Learned counsel states that he does not oppose the prayer made in the application. The substantive prayer made in the application is as follows:- "a. extend the time to deposit the FDR No.0458169 for Rs.30,000/- dated 06.04.2018 drawn on Oriental Bank of Commerce, Laxmi Nagar, Delhi be for further 2 working days."
¶3The prayer made in the application is allowed for the reasons
W.P.(C) 2573/2018
given therein and the time for depositing FDR is extended till 15th May, 2018.
¶4The application is disposed of.
MAY 07, 2018/ak
W.P.(C) 2573/2018
* + W.P.(C) 4799/2018, CM APP Nos.18475-476/2018
DELONG JIANG (THROUGH ITS ATTORNEY HOLDER) ... Petitioner
Through: Mr. Rajesh Kumar, Adv.
REGISTRAR OF COMPANIES, DELHI AND ANR. ... Respondents
Through: Mr. Rakesh Kumar, CGSC
%
07.05.2018
¶1Learned counsel for the petitioner seeks to withdraw the captioned petition with liberty to file a proper petition.
¶2Writ petition is dismissed as withdrawn with liberty as prayed for, albeit, in accordance with law.
¶3The pending applications stand closed.
MAY 07, 2018/ak * + W.P.(C) 4604/2018, CM APP No. 17768/2018
AMIT SHARMA
..... Petitioner
Through: Mr. Mohit Gupta & Mr. Rameizuddin Raja, Advs.
UNION OF INDIA AND ANR
..... Respondents
Through: Mr. Anil Soni, CGSC with Mr.Abhinav Tyagi, Adv. for R-1 & 2.
%
07.05.2018
¶1Learned counsel for the petitioner states that additional documents have been filed; copies of which have been furnished in Court. It is noticed that the documents filed are not supported by any affidavit. Learned counsel seeks leave to take appropriate steps in that behalf.
¶3Counsel for the respondents states that nothing has been served upon him. Accordingly, the copies of the additional documents are returned to the counsel for the petitioner.
¶3Renotify the matter on 25.5.2018. In the meanwhile, interim order will continue to operate.
MAY 07, 2018/ak * + W.P.(C) 4833/2018
JAIDEEP KRISHNA
..... Petitioner
Through Mr. Shobhan Mahanti, Adv.
UNION OF INDIA AND ORS
..... Respondent
Through Mr. Arun Bharadwaj, Adv.
%
07.05.2018
CM APP No. 18627/2018(exemption)
¶1Allowed, subject to just exceptions. W.P.(C) 4833/2018
¶2Issue notice. Mr. Arun Bhardwaj, accepts notice on behalf of the respondents. Counter affidavit, if any, be filed within three weeks. Rejoinder thereto be filed before the next date of hearing.
¶3List on 27.07.2018.
MAY 07, 2018/ak * + W.P.(C) 4408/2018 & CM APP Nos.17125-26/2018
ASIANET SATELLITE COMMUNICATION LTD. ..... Petitioner Through: Mr. Jayant Bhushan, Senior Advocate with Mr. Jayant Mehta, Ms. Shirin Khujuria and Mr. Ayushi Gaur, Advocates.
STAR INDIA PVT LTD
..... Respondent Through: Mr. Amit Sibal, Senior Advocate with Mr. Kunal Tandon, Mr. Shashank Shekhar and Mr. Prateek Jain, Advocates. + W.P.(C) 4409/2018 & CM APP Nos.17127-28/2018 and CAV Nos.391-392/2018
ASIANET DIGITAL NETWORK PVT. LTD. AND ANR.
.....Petitioners Through: Mr. Jayant Bhushan, Senior Advocate with Mr. Jayant Mehta, Ms. Shirin Khujuria and Mr. Ayushi Gaur, Advocates.
STAR INDIA PVT. LTD AND ANR.
..... Respondents Through: Mr. Amit Sibal, Senior Advocate with Mr. Kunal Tandon, Mr. Shashank Shekhar and Mr. Prateek Jain, Advocates.
%
07.05.2018
¶1Renotify the matter on 9.5.2018, for further proceedings.
MAY 07, 2018/cks * + W.P.(C) 9323/2016
M/S ESSENCE INFRASTRUCTURE PVT. LTD. ..... Petitioner
Through: Mr. I.S. Dahiya, Adv
SUB-REGISTRAR-V (DISTRICT SOUTH)
.... Respondent
Through: Ms. Prabhsahay Kaur, Adv
%
08.05.2018
¶1The limited grievance of the petitioner is that he has not received back the sale deed presented by it, for registration as far back as on 21.10.2010, vide receipt no. 31726.
¶2Ms. Kaur, who appears on behalf of the respondents, says that prior to her being engaged in the matter, a Status Report was filed on behalf of the respondents which, according to her, needs to be updated. Ms. Kaur says that uptil now it has not been possible to trace the sale deed presented by the petitioner.
¶3Given the time lag, the respondent is directed to ensure that the sale deed is traced by the next date of hearing. In case, he is unable to trace the same, he will remain present in the court and render his explanation as to why he is not been able to trace the sale deed.
¶4The concerned SDM i.e. SDM Kalkaji, who, I am told, is the supervising authority will also look into the matter. W.P.(C) 9323/2016
¶5Ms. Kaur will furnish a copy of the order passed today to the Sub Registrar (V) as also to the SDM (Kalkaji).
¶6In case, the sale deed is not traced, the SDM (Kalkaji) will also remain present in the court on the next date of hearing.
¶7Renotify the matter on 23.07.2018.
¶8Dasti.
MAY 08, 2018 c
W.P.(C) 9323/2016
* + W.P.(C) 9772/2015 & CM APPL 23470/2015
SHIKHA GUGNANI & ANR.
..... Petitioners
Through: Mr. Mukul Dhawan, Adv
GOVT. OF NCT OF DLEHI & ORS.
..... Respondents Through: Mr. Satyakam, Additional Standing Counsel for Respondent No. 1 with Mr. Vinod Kumar, DC, O/o Commissioner of Industries, GNCTD. Ms. Nikita Salwan with Ms. Renuka Arora, Advs for Respondent No. 2
Ms. Gauri Chaturvedi, proxy counsel for Mr. Dhanesh Relan, Standing Counsel for DDA
Ms. Renuka Arora with Mr. Sumit Rana, Advs for DSIIDC
%
08.05.2018
¶1Mr. Dhawan, who appears for the petitioners, says that there is a limited relief which is outstanding qua them. It is stated that though the mutation of the subject property has been carried out by DSIIDC, the conversion from leasehold to freehold has not been done.
¶2Mr. Dhawan, further submits, that the requisite charges for the purposes of conversion have already been deposited with DSIIDC.
W.P.(C) 9772/2015
¶3I must indicate that Ms. Gauri Chaturvedi, who appears for the DDA, says that since DDA is the landowning agency and therefore, the lessor of the subject property, the charges deposited by the petitioners for the purposes of conversion with DSIIDC should be transmitted to DDA.
¶4Mr. Satyakam, who appears for the GNCTD, opposes this submission advanced by DDA's counsel.
¶5Ms. Arora, on the other hand, supports the submissions of Mr. Satyakam. Furthermore, Ms. Arora relies upon the provisions of Section 4(ii)(a) and Section 8(2) of the Delhi Industrial Development Operation and Maintenance Act, 2010 ("2010 Act"). Based on these provisions, Ms. Arora contends that the money received towards conversion charges can remain only with DSIIDC.
5.1 Ms. Arora, however, does not dispute the fact that the petitioners have deposited the requisite charges for conversion with DSIIDC.
5.2 Having said so, Ms. Arora enters a caveat, which is, that, if any, additional charges are required to be deposited the same should also be deposited by the petitioner if the court were to direct for conversion of the subject property.
¶6Having heard learned counsel for the parties, I am of the view that while the adjudication of the issue as to who should retain the charges which have deposited by the petitioner for the purposes of conversion can be decided at a later date, the petitioners in the W.P.(C) 9772/2015
meanwhile should not be put to trouble by delaying the conversion of the subject property from leasehold to freehold.
¶7This is, especially so, as I am informed by Mr. Dhawan that the conversion charges were deposited as far back as in July, 2013. As indicated above, Ms. Arora does not dispute this fact. She says that there could be some additional charges that may have to be paid by the petitioners.
¶8Having regard to the aforesaid, DSIIDC is directed to convert the subject property from leasehold to freehold.
¶9A conveyance deed will be executed in favour of the petitioners. In case, additional charges have to be paid, the petitioners will deposit the same upon DSIIDC giving them due intimation. Furthermore, if any other formalities are required to be fulfilled, the petitioners will also comply with the same.
¶10The needful will be done by DSIIDC within eight weeks from today.
¶11Insofar as the conversion charges received from the petitioners are concerned, they will be deposited in a no-lien interest bearing Account by DSIIDC. As to which entity will finally enjoy the benefit of the same, shall be determined upon final adjudication of the writ petition.
¶12Renotify the matter on 12.10.2018.
¶13Dasti.
MAY 08, 2018 c W.P.(C) 9772/2015
* + W.P.(C) 8451/2016
M/S COSMOPLITAN TECHNOFAB TEXTILES P LTD
..... Petitioner
Through: Mr. Prince Wadhwa, Adv
DIRECTORATE OF REVENUE INTELLIGENCE DELHI ZONAL UNIT NEW DELHI
..... Respondent Through; Mr. Satish Aggarwala, Senior Standing Counsel, Indirect Taxes, Department of Revenue
%
08.05.2018
¶1Counsel for petitioner seeks permission to withdraw the captioned petition.
¶2Mr. Aggarwala, who appears for respondent does not oppose to the prayer made.
¶3Accordingly, the petition is dismissed as withdrawn as prayed.
MAY 08, 2018 c * + W.P.(C) 6484/2017& CM APPLs. 26884/2017& 9488/2018
M/S. A2Z INFRA ENGINEERING LTD.
..... Petitioner Through: Mr. TK Ganju, Senior Advocate with Ms. Divya Bhalla and Mr. Dhriti Man Roy, Advs
POWER GRID CORPORATION OF INDIA LTD. ..... Respondent Through: Mr. S. B. Upadhyay, Senior Advocate with Mr. Pawan Upadhyay, Mr. Nishant Kumar and Mr. Rajesh Chhetri, Advs
%
08.05.2018
¶1Upon hearing the matter, I had asked Mr. TK Ganju, learned senior counsel, who appears for the petitioner to take instructions with regard to certain aspects arising in the case.
¶2Mr. Ganju has returned with instructions. He says that the petitioner will be satisfied, if writ petition is disposed of with observation that the expression "blacklisted/debarred/banned" which finds mentioned in para 16 of the impugned communication dated 06.06.2017 is substituted with the word "excluded" in terms of section 3(2) of the Integrity Pact.
¶3Mr. Upadhyay says that he cannot but submit that this will not materially impact the respondent corporation's stand in the writ petition.
¶4It is ordered accordingly.
¶5Mr. Ganju says that the impugned communication dated 06.06.2017 is coming in the way of the petitioner biding for other contracts with entities other than the respondent corporation.
¶6According to me, this apprehension is to say the misplaced as a careful reading of the communication dated 06.06.2017 would show its applicability is limited to contracts pertaining to the respondent corporation.
¶7The writ petition is disposed of in the aforesaid terms as prayed by Mr. Ganju.
MAY 08, 2018 c * + W.P.(C) 2511/2018
L.N. MALVIYA INFRA PROJECTS PVT. LTD...... Petitioner
Through: Ms. Nandadevi Deks, Adv
NATIONAL HIGHWAY AND INFRASTRUCTURE DEVELOPMENT CORPORATION AND ORS.
..... Respondent Through: Mr. Rajeev Bansal, Senior Advocate with Ms. Suruchi Suri, Advs for Respondent No. 1 and 2 with Mr. Pradeep Sharma, General Mananger (Tech.) and Mr. Anil Kumar Jha, Junior Manager (Legal) Ms. D Soumya Priyadarshinee, Adv for NHAI
%
08.05.2018
CM APPL No. 18824/2018
¶1This is a joint application moved by the writ petitioner and respondent no. 1 and 2.
¶2To be noted, respondent no. 3 is represented by Ms. D Soumya Priyadarshinee.
¶3The prayer made in the application is as follows:- " a) take on record the Minutes of Meeting dated 02.04.2018, and make the same an order of the Court."
¶4Ms. Nandadevi Deks, who appears for the petitioner and Mr. Rajeev Bansal, who appears on behalf of respondent no. 1 and 2 submit that the prayer made in the application be allowed and the Minutes of Meeting dated
02.04.2018 be taken on record.
¶5It is ordered accordingly. The application is disposed of. W.P.(C) 2511/2018
¶6Ms. Nandadevi Deks, who appears for the petitioner says that in view of orders passed in CM. APPL. No. 18824/2018, she has instructions to withdraw the petition.
¶7The petition is, consequently, dismissed as withdrawn.
MAY 08, 2018 c * + W.P.(C) 2354/2018 & CM APPL No. 9901/2018
M/S KUMAR TRAVELS
..... Petitioner
Through: Mr. Subhash Chandran Kumar, Adv
PROTECTOR GENERAL OF EMIGRANTS
..... Respondent
Through: Ms. Malika Haremath, Adv
%
08.05.2018
¶1On joint request of both the parties, renotify the matter on
04.09.2018.
MAY 08, 2018 c
* + W.P.(C) 4875/2018 & C.M. Appl. No.18789
SANJEEV CHOPRA AND ORS. ..... Petitioners Through Mr. Avijit Mani Tripathi, Mr. Shaurya Sahay and Mr. Kumar Abhishek, Advs.
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI AND ANR. ..... Respondents Through Mr. Shadan Farasat and Mr. Ahmed Said, Advs.
%
08.05.2018 Issue notice.
¶2Mr. Farasat accepts notice on behalf of the respondents. Counter affidavit will be filed within four weeks from today. Rejoinder thereto, if any, be filed before the next date of hearing. Renotify the matter on 13.08.2018.
MAY 08, 2018 A * + W.P.(C) 6436/2016
M L SHARMA ..... Petitioner Through Petitioner with his counsel Mr. R.K. Saini, Adv.
CENTRAL INFORMATION COMMISSION & ORS ..... Respondents Through Mr. Gautam Narayan, ASC with Ms. Mahamaya Chatterjee, Adv for GNCTD.
%
08.05.2018 Arguments heard. Judgment reserved.
MAY 08, 2018 A * + W.P.(C) 4283/2016 & C.M. Appl. No.18071/2016
PREET NAGAR RESIDENTS WELFARE ASSOCIATION ..... Petitioner Through Mr. Harish Malhotra, Sr. Adv with Mr. Vikas Arora and Ms. Radhika Arora, Advs.
REGISTRAR OF SOCIETIES & ANR ..... Respondents Through Mr. Vivek Kumar Tandon, Adv for R-2.
%
08.05.2018 There is no representation on behalf of ROC No time left. It is already 05:10 PM. Renotify the matter on 17.07.2018.
MAY 08, 2018 A * + W.P.(C) 8351/2015 & C.M. Appl. No.18977/20165
SATHIYAM MEDIA VISION PVT. LTD. & ANR ..... Petitioners Through Mr. Robin R. David, Mr. A. Gupta, Mr. Chitranshul A. Sinha, Mr. Dhiraj Phillip and Mr. Disha Gupta, Advs.
UNION OF INDIA & ANR ..... Respondents Through Mr. Arun Bhardwaj, CGSC with Mr. Gaurav Rohilla and Mr. Nikhil Bhardwaj, Advs.
%
08.05.2018 No time left. It is already 05:00 PM. Renotify the matter on 04.10.2018.
MAY 08, 2018 A * + W.P.(C) 6582/2014
AMARJEET SINGH ..... Petitioner
Through Mr. Pavit Singh Katoch, Adv.
UNION OF INDIA & ORS ..... Respondents Through Mr. Anurag Ahluwalia, CGSC with Ms. Tejaswita, Adv with Mr. B.C. Rathore, Dy. Registrar, Mr. Hemant, Sr. Examiner for UOI.
%
08.05.2018 Learned counsel for the parties will submit their written submissions not exceeding two pages each. The same will be filed two days before the next date of hearing. Renotify the matter on 24.05.2018
MAY 08, 2018 A * + W.P.(C) 5862/2012
DILIP G. SHAH ..... Petitioner Through Mr. Anand Grover, Sr. Adv with Ms. N. Rao, Adv.
THE UNION OF INDIA THROUGH THE MINISTRY OF COMMERCE AND INDUSTRY AND ORS ..... Respondents
Through Mr. Jaswinder Singh, Adv.
%
08.05.2018 Mr. Grover seeks accommodation in the matter. Request is not opposed by the counsel for the respondents. Accordingly, renotify the matter on 16.11.2018.
MAY 08, 2018 A * + W.P.(C) 1491/2017 & C.M. Appl. Nos.6819-20/2017
ANUPAM KHANNA ..... Petitioner Through Petitioner with his counsel Mr. Atul Kumar, Adv.
SHRI RAJ MOHAN KHANNA ..... Respondent
Through Respondent No. 1 in person.
R-2 in person.
%
08.05.2018 Heard counsel for the petitioner as well as respondent No. 1. There appears to be a marital discord between respondent No. 1 and his wife who is arrayed as respondent No. 2. The petitioner is the son of respondent No. 1 and respondent No. 2. Accordingly, as prayed, parties and their counsel are directed to appear before the Delhi High Court Mediation and Conciliation Centre at 03:00 PM on 24.05.2018. The Mediator shall file his report before the next date of hearing. In the meanwhile, learned counsel for the petitioner will furnish a set of paper book to respondent No. 1. Needful be done within one week from today. List the matter in Court on 03.10.2018.
MAY 08, 2018 A * + W.P.(C) 4609/2017
DEWAN HOUSING FINANCE CORPORATION LTD ..... Petitioner
Through Ms. Anandita Singh, Adv.
RAHUL PURI & ORS. ..... Respondents Through Mr. Davinder Hora, Mr. Sikandar Khan and Mr. Rahul Kumar, Advs.
%
08.05.2018 C.M. Appl. No.18805/2018 This is an application to bring on record the legal heirs of respondent No.3 i.e. Tripta. Mr. Davinder Hora, who, appears for both respondent Nos. 1 & 3 says that the application is not sustainable as respondent No.3 is very much alive. Ms. Anandita who appears for the petitioner says that this application was moved based on the information supplied by respondent No. 1. To be noted that respondent No. 1 is the husband of respondent No.3. It appears respondent No.3 is alive and, thus, this application cannot be sustained. Accordingly, the application is dismissed. W.P.(C) 4609/2017 & C.M. Appl. No.20120/2017 Learned counsel for the respondents says that he will file a counter affidavit in the matter. Let the needful be done within four weeks. Learned counsel for the petitioner will supply a complete set of paper book within five days from today. Rejoinder thereto, if any, be filed before the next date of hearing. Renotify the matter on 05.10.2018.
MAY 08, 2018 A * + W.P.(C) 4792/2017
VANDEMATRAM KUSHT ROGI SEWA SAMITI ..... Petitioner
Through None.
GOVT. OF NCT OF DELHI & ANR ..... Respondents Through Mr. Ramesh Singh, Standing Counsel with Ms. Prabhsahay Kaur, Adv for GNCTD.
%
08.05.2018 Ms. Kaur seeks accommodation on behalf of Mr. Ramesh Singh, on the ground that he has taken ill. There is no representation on behalf of the petitioner. Renotify the matter on 19.11.2018. In the meanwhile, the petitioner will have a liberty to file a rejoinder in the matter.
MAY 08, 2018 A * + W.P.(C) 4490/2017 & C.M. Appl. No.19608/2017
M/S SCAN SYNTHETICS LIMITED ..... Petitioner Through Ms. Asmita A. Nayak and Mr. Ranjeet K. Ranjan, Advs.
DIRECTOR GENERAL OF FOREIGN TRADE (THROUGH ADDITIONAL DIRECTOR) & ANR ..... Respondents Through Mr. Abhay Prakash, Ad for R-1 & R-2.
Mr. Harpreet Singh, Sr. Standing Counsel for R-3.
%
08.05.2018 Mr.Abhay Prakash who appears for respondent Nos.1 & 2 says that a counter affidavit is filed on 07.05.2018 vide diary No.126651. Rejoinder thereto, if any, be filed before the next date of hearing. Renotify the matter on 14.11.2018.
MAY 08, 2018 A * + W.P.(C) 10783/2016 & C.M. Appl. No. 42234/2016
DISHAA OMKUMAR ..... Petitioner
Through None.
DELHI BAR COUNCIL AND ANR ..... Respondents
Through Mr. Siddharth Sharma, Adv.
%
08.05.2018 There is no representation on behalf of the petitioner. Record shows that on the previous two dates, the petitioner was not represented. It appears that the petitioner has lost interest in the matter. Accordingly, the writ petition is dismissed for non-prosecution. Pending applications shall stand closed.
MAY 08, 2018 A * + W.P.(C) 10240/2016 & C.M. Appl. No.40417/2016
M/S NEGOLICE INDIA LIMITED ..... Petitioner Through Ms Ankita Bajpai, Mr. Sumesh Dhawan and Ms. Charu Sharma, Advs.
DELHI DEVELOPMENT AUTHORITY & ANR ..... Respondents Through Mr. Shubhendu Bhattacharya, Adv for R-1.
%
08.05.2018 Respondent No. 2 is not present in Court today. The petitioner before me, is the "third party" which is opposing furnishing of information sought for by respondent No. 2 under the Right to Information Act, 2005.
¶2Mr. Shubhendu Bhattacharya who appears for respondent No. 1/DDA says while the DDA has no objection to the information being supplied, it is the third party i.e., the petitioner which has objection to the information being furnished. In these circumstances, issue Court notice to respondent No. 2. Accordingly, renotify the matter on 13.11.2018.
MAY 08, 2018 A * + W.P.(C) 10908/2009 & C.M. Appl. Nos.10052/2009 & 10302/2011
APPAREL EXPOPRT PROMOTION COUNCIL ..... Petitioner
Through Mr. Kuljeet Rawal, Adv.
VIJAY SAREEN ..... Respondent
Through None.
%
08.05.2018 Mr. Rawal who appears for the petitioner says that an adjournment slip has been moved qua which no objection has been raised by the respondent. Accordingly, renotify the matter on 22.11.2018.
MAY 08, 2018 A * + W.P.(C) 2697/2013
MULTI SCREEN MEDIA PVT LTD
..... Petitioner
Through: Mr. Vijay Sondhi, Ms. Nayamat Sistani & Mr. Sohan Kumar, Advs.
UNION OF INDIA
..... Respondent
Through: Mr. Ruchir Mishra & Mr. M.K.Tiwari, Advs.
%
08.05.2018
At joint request, renotify the matter on 26.10.2018.
MAY 08, 2018/ak * + W.P.(C) 1963/2018
WG CDR V S TOMAR (RETD)
..... Petitioner
Through: Mr. Ajai Bhalla, Adv.
UNION OF INDIA MINISTRY OF DEFENCE & ORS ..... Respondents
Through: Ms. Barkha Babbar, Adv.
%
08.05.2018
At joint request, renotify the matter on 23.10.2018.
MAY 08, 2018/ak * + W.P.(C) 2941/2017
SHUB NARAYAN SAH & ORS
..... Petitioners
Through: Mr.S. Malik, Adv.
GOVT. OF NCT OF DELHI & ORS
..... Respondents
Through: Mr. Vipul Pankaj Sanghi with Ms. Ananya Kar Sanghi, Advs. for R-1. Ms. Arunima Dwivedi & Ms. Preeti Kumar, Adv. for R-2. Mr. Parvinder Chauhan, Adv. for DUSIB.
%
08.05.2018
At joint request, renotify the matter on 16.10.2018.
MAY 08, 2018/ak * + W.P.(C) 2570/2015
MOHAN NAINWAL
..... Petitioner
Through: Ms. Akshita Chhatwal with Mr. Anirudh Ahuja, Advs.
NORTH DELHI MUNICIPAL CORPORATION & ORS ..... Respondents
Through: Ms. Puja Kalra, Adv. for R.1 to 3.
%
08.05.2018
At joint request, renotify the matter on 1.8.2018.
MAY 08, 2018/ak * + W.P.(C) 7695/2015, CM No.15085/2018
M/S. GUPTA STORE
..... Petitioner
Through: Mr. Pardeep Gupta with Mr. Parinav Gupta & Ms. Mansi Gupta & Mr. Moazzam Ali, Advs.
GOVT OF NCT DELHI & ANR.
..... Respondents
Through: Mr. Devesh Singh, ASC(South) with Ms. Sukriti Ghai, Adv. for R-1 & 2.
%
08.05.2018
¶1Learned counsel, Mr. Devesh Singh states that he would file a counter affidavit within three weeks from today. The request is acceded to. Rejoinder thereto, if any, be filed before the next date of hearing.
¶2Renotify the matter on 7.9.2018.
MAY 08, 2018/ak * + W.P.(C) 4165/2018
VINSPAR INDUSTRIES AND ANR
..... Petitioners
Through: Mr. Sanjiv Bahl with Mr. Eklavya Bahl, Ms. Apoorva Bahl & Mr. Pawas Agarwal, Advs.
THE HONBLE LT. GOVERNOR AND ORS. ..... Respondents
Through: Mr. Gautam Narayan, ASC with Ms. Mahamaya Chatterjee & Mr. M.R.Abhinav Goyal, Advs. with Mr. Vinod Kumar, Dy. Commissioner. Ms. Renuka Arora with Ms. Nikita Salwan, Advs. for R-3/DSIIDC.
%
08.05.2018 CM App.No.16354/2018(exemption)
¶1Allowed, subject to all just exceptions. W.P.(C) 4165/2018
¶2Notice in the petition was issued on 25th April, 2018.
¶3Mr. Gautam Narayan, learned counsel, who appears on behalf of respondent nos. 1 and 2 has reverted with instructions. Learned counsel concedes that no hearing in the review petition has taken place after 14th July, 1995. W.P.(C) 4165/2018
¶4In these circumstances, the writ petition is disposed of with the directions to the respondent no. 1 to dispose of the review petition at the earliest, though, not later than six weeks from today. A copy of the order passed by the respondent no.1 will be furnished to the petitioner. The petitioner will be accorded personal hearing qua which a written notice will be issued to the petitioner. The respondent no.1, will pass a speaking order after hearing the petitioner.
¶5Since, huge time gap exists between the passing of the order and the filing of the review petition, the respondent no. 1 is requested to take into account subsequent facts and circumstances which may have arisen, provided they are material and necessary for the disposal of the review petition.
¶6Dasti.
MAY 08, 2018/ak
W.P.(C) 4165/2018
* + W.P.(C) 6169/2013
MUKESH KUMAR SHARMA
..... Petitioner
Through: Mr. Mukesh Kumar Sharma,
petitioner in person.
THE PRESIDENT OF SHAHDRA BAR ASSOCIATION & ORS ..... Respondents
Through: None.
%
08.05.2018
¶1There is no appearance on behalf of the respondents. Record shows that on 6.5.2016 a default notice was issued to the President, Shahdara Bar Association. The order further directed that he should remain personally present in Court.
¶2Issue fresh court notice to the President, Shahdara Bar Association. He will remain personally present in Court on the next date of hearing.
¶3A copy of the order passed on 6.5.2016 will accompany the notice.
¶4List the matter on 05.10.2018.
MAY 08, 2018/ak * + W.P.(C) 4861/2010, CM APP No. 9616/2010
JAWAHAR LAL AGGARWAL
..... Petitioner
Through: Ms. Anusuya Nigam, Adv.
M/S CAPITAL METERS LTD. & ORS.
..... Respondents
Through: Mr. Ruchir Mishra with Mr. Mukesh Tiwari, Advs. for UOI Mr. Pankaj Kumar, Adv.
%
08.05.2018
¶1Ms. Anusuya Nigam states that she has been recently entrusted with the matter and therefore would require an accommodation.
¶2The request is not opposed by counsel for the respondents.
¶3Accordingly, renotify the matter on 3rd October, 2018.
MAY 08, 2018/ak * + W.P.(C) 3791/2018, CM APP No. 14998-999/2018
YASHPAL SAWHNEY
..... Petitioner
Through: Mr. Rajat Aneja with Ms. Vandna Aneja,
Ms. Nisha Sahrma & Ms. Chandrika Gupta,
Advs.
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF
DELHI & ORS
..... Respondents
Through: Ms. Shobhna Takiar with Mr. Udayan Kandelwal, Advs. with Mr. Vinod Kumar, Dy. Commissioner (Indus). Ms. Nikita Salwan with Ms. Renuka Arora, Advs. for DSIIDC.
%
08.05.2018
¶1Mr. Vinod Kumar, Deputy Commissioner is present in Court.
¶2Ms. Takiar, states that she needs a short accommodation to revert with complete instructions.
¶3At request, renotify the matter on 21.05.2018.
¶4Mr. Vinod Kumar, Deputy Commissioner, will remain present in Court on the next date of hearing.
MAY 08, 2018/ak * + W.P.(C) 3148/2018
LAXMI TEWANI
..... Petitioner
Through: Mr. Rajesh Rai with Mr. Rishi Kumar, Advs.
GOVT. OF NCT. AND ANR.
..... Respondents
Through: Mr. Santosh Kr. Tripathi, ASC with
Mr. Shashank Tiwari & Mr. Parth Vashisht, Advs. for R-1. Mr. Abhishek Vikas, Adv. for R-2.
%
08.05.2018
¶1Upon notice being issued in the writ petition Mr. Abhishek Vikas, learned counsel, who appears for respondent no. 2 has reverted with instructions. As to what those instructions were is noted hereinbelow.
¶2The substantive prayers made in the writ petition are as follows:- "(a) Direct the respondent no. 1 to report that the petitioner is the only surviving member of deceased Late Devidass Tewani and/or
(b) Direct the respondent no. 2 to remit the lease amount of the deceased husband in the account of the petitioner having account no. 4447000100093183 and/or"
W.P.(C) 3148/2018
¶3In the context of the above Counsel for the respondent no.2 states that he has instructions to convey to the Court that an enquiry has been made which brought to the light the fact that the petitioner is the sole surviving legal heir of late husband, who had leased the subject property to the respondent no.2.
¶4Given these circumstances, counsel for the respondent no.2 states that rent has been released pursuant to the enquiry in favour of the petitioner and that an attempt is being made to execute a fresh lease deed with the petitioner.
¶5Having heard the statement of the counsel for the respondent no.2, Mr. Rajesh Rai, learned counsel for the petitioner states that he does wish to press the petition any further. Accordingly, the petition is dismissed as not pressed.
¶6Statement of counsel for the respondent no.2 is taken on record.
MAY 08, 2018/ak
W.P.(C) 3148/2018
* + W.P.(C) 3701/2018
AMIT KUMAR SHRIVASTAVA
..... Petitioner
Through: Petitioner in person.
CENTRAL INFORMATION COMMISSION NEW DELHI ..... Respondent
Through: None.
%
08.05.2018
¶1The petitioner, who appears in person states that he will move an application for impleadment of the Customs Department, though, an amended memo of parties has been filed. Let the needful be done within ten days from today.
¶3List the matter on 3.7.2018.
MAY 08, 2018/ak
*
+ W.P.(C) 1478/2018
KAMINI DHUPAR AND ANR
..... Petitioners
Through: Mr. Awnish Kumar, Advocate.
UNION OF INDIA AND ORS.
..... Respondents Through: Mr. Jitesh Vikram Srivastava, Advocate.
%
08.05.2018 C.M. APPL. No.17665/2018 (for early hearing)
¶1Learned counsel for the petitioner says that he has filed the counter affidavit with the Registry. However, the same is not on record. Learned counsel will take steps to bring the same on record.
¶2The matter in the usual course is fixed on 23.05.2018. The said date stands cancelled. Renotify the matter on 06.08.2018.
¶3The application stands disposed of.
MAY 08, 2018 cks * + W.P.(C) 2365/2018
SUMIT GUPTA AND ORS.
..... Petitioners
Through: Mr. Karanveer Jindal, Advocate.
UNION OF INDIA AND ORS.
..... Respondents Through: Mr. Bhagwan Swarup Shukla, CGSC with Mr. Kamaldeep Singh, Advocate.
%
08.05.2018 C.M. APPL. No.18812/2018
¶1Learned counsel for the petitioner seeks to withdraw the application.
¶2The same is accordingly dismissed as withdrawn.
MAY 08, 2018 cks * + W.P.(C) 4574/2018
SHAILESH GUPTA
..... Petitioner
Through: Mr. Navin Kumar Singh, Advocate.
UNION OF INDIA AND ANR.
..... Respondents
Through: None.
%
08.05.2018
¶1Learned counsel for the petitioner says that an additional affidavit was filed. It appears that the same is not on record. Learned counsel will take appropriate steps to bring the same on record.
¶2Renotify the matter on 08.08.2018.
MAY 08, 2018 cks
*
+ W.P.(C) 4907/2018
DR. VEENA MATTU
..... Petitioner Through: Mr. R. Sudhinder, Ms. Ekta Bhasin, Mr. Anurag Tripathi and Mr. Deepanshu Arora, Advocates.
REVENUE/DIVISIONAL COMMISSIONER GOVT. OF NCT OF DELHI AND ANR.
..... Respondents Through: Ms. Shobhana Takiar, Advocate for R-1 & 2.
%
08.05.2018
¶1Issue notice.
¶2Ms. Shobhna Takiar accepts notice on behalf of the respondents.
¶3Learned counsel for the respondents says that in view of the order that I propose to pass, she does not wish to file a counter affidavit in the matter.
¶4Briefly, the background in which the present writ petition has been filed is as follows:-
(i) The petitioner before me is aggrieved by the fact that there was negligence in transporting her father late Mr. H.N. Kaw from Max Hospital Patparganj to Saket City Hospital. W.P.(C) No.4907/2018
(ii) Broadly, the grievance is articulated under two heads. First, that the ambulance did not have a functional ventilator. As a matter of fact, the allegation is that the ambulance did not carry an Ambu bag. Second, the personnel, who were accompanying the patient, were not medically qualified. According to the petitioner, the committee enquiring into the matter failed to examine the material on record and consequently reached an erroneous conclusion.
¶5It is the petitioner's case that there is a serious infirmity in the enquiry report, dated 9.9.2017. The aspect qua which particular emphasis is laid by Mr. R. Sudhinder, who, appears for the petitioner, is set forth in paragraph 8(iii) of the enquiry report. For the sake of convenience, the same is extracted hereafter: "From the available medical records before the committee, it is established that the condition of patient Sh. H.K. Kaw did not deteriorate during the transportation in the ambulance. As per the discharge summary, Patient's general condition was poor and risk of transportation was explained. At the end of transport patient's Saturation was 93% at 3:40 PM on 25/12/2013, when the patient arrived at Saket City Hospital. The committee observed that as per Saket City Critical Care Initial Assessment, the saturation at Saket City Hospital on 25/12/2013 at 18:09 PM was recorded as 78-80% (Page No.100)."
5.1 Mr. Sudhinder submits that because the ventilator was not functioning and the Ambu bag was not available, the patient's oxygen saturation level dropped from 100% to 78%. W.P.(C) No.4907/2018
5.2 To buttress this submission, my attention is drawn to Annexure P-4 at page 57 of the paper-book. Learned counsel submits that the committee instead of relying upon the oxygen saturation level, recorded in the said document, relied upon a document filled in by the personnel of the ambulance owner wherein the saturation level of the patient on the day of transportation i.e., 25.12.2013, has been shown as 93%. Learned counsel draws my attention to the fact that the signatures of the petitioner were not obtained on the said document.
¶6I am also informed by counsel for the petitioner that a representation has been made for review of the inquiry report vis-a-vis which detailed submissions have been made in the petition.
¶7Counsel for the respondents, on the other hand, says that while there is no mechanism in place for a review, the representation filed by the petitioner can be examined by the Committee.
¶8Having looked at the document, which, personnel of the ambulance owner have generated and the said document is marked as Annexure P-4 at page 57 of the paper-book, I tend to agree with the counsel for the petitioner that the apparent discrepancy in the two documents appears to have been missed by the Committee. This aspect is, perhaps, vital to the conclusion that the Committee would reach in the matter.
¶9Accordingly, the writ petition is disposed of with the direction to the Committee to consider the representation of the petitioner. The Committee will hear the petitioner who, herself, is a trained doctor and will record her deposition. The petitioner will be entitled to place before the Committee W.P.(C) No.4907/2018
any other contemporaneous record that is available with her. The Committee will deal with the petitioner's contentions and thereafter, pass a speaking order qua the representation dated 5.1.2018.
¶10Needless to say, this direction is being issued in the peculiar facts and circumstances of the instant case. Furthermore, a copy of the order passed by the Committee will be furnished to the petitioner. The petitioner will be at liberty to assail the same in the manner known to law.
¶11The Committee will conclude the aforementioned exercise as expeditiously as possible, though not later than six weeks from today.
¶12Dasti.
MAY 08, 2018 cks
W.P.(C) No.4907/2018
*
+ W.P.(C) 136/2018
SH. N.R. SHARMA
..... Petitioner Through: Mr. Chandra Shekhar Yadav, Advocate.
GOVT. OF NCT DELHI AND ORS.
..... Respondents
Through: None.
%
08.05.2018 CM. APPL.9948/2018
¶1This is an application which seeks recall of order dated 08.01.2018 passed by Hon'ble Mr. Justice Vibhu Bakhru.
¶2Renotify the matter before the same Bench on 11.5.2018, subject to orders of the Hon'ble Acting Chief Justice.
MAY 08, 2018 cks
*
+ W.P.(C) 4927/2018
SHIV SHANKAR GUPTA ..... Petitioner Through: Mr. Gurmehar S. Sistani with Mr. Shakil Akhtar, Advocates..
GOVT OF NCT OF DELHI & ORS ..... Respondents Through: Mr. Sanjoy Ghose and Mr. Rhishabh Jetley, Advocates for GNCTD.
Mr. Sumeet Pushkarna, Standing Counsel with Mr. Devanshu Lahiry, Advocate with Mr. Pratap Singh (Z.E.) and Mr. V.K. Singh (E.E.), for Delhi Jal Board/R-4.
Mr. Gaurang Kanth, CGSC with Ms. Debojyoti Behuria, Advocate for R-5.
%
08.05.2018 CM. APPL No.19048/2018
¶1Allowed, subject to just exceptions. W.P.(C) 4927/2018 & CM. APPL No.19047/2018 (stay)
¶2Issue notice. W.P.(C) No.4927/2018
2.1 Mr. Pushkarna, who appears for Respondent no.4/ Delhi Jal Board accepts notice.
2.2 Likewise, Mr. Gaurang Kanth, who appears for respondent no.5, accepts notice, while Mr. Sanjoy Ghose, accepts notice for respondent no.1.
¶3Counter affidavit(s) be filed within three (3) weeks from today.
¶4Rejoinder thereto, if any, be filed before the next date of hearing.
¶5Renotify the matter on 11.7.2018.
MAY 08, 2018 cks
W.P.(C) No.4927/2018
*
+ W.P.(C) 3290/2017
ROHIT CHAUHAN
..... Petitioner
Through: None.
NORTH DELHI MUNICIPAL CORPORATION & ORS.
..... Respondents
Through: None.
%
08.05.2018 CM. APPL No.19029/2018
¶1Allowed, subject to all just exceptions.
W.P.(C) 3290/2017 & C.M. APPL. No.19028/2018
¶2There is no representation on behalf of the parties.
¶3Accordingly, renotify the matter on 11.10.2018.
MAY 08, 2018 cks * + W.P.(C) 4920/2018
NCCF LIMITED ..... Petitioner Through: Mr. V.P. Singh, Sr. Advocate with Ms. Anju Bhattacharya, Ms. Nandita Chandra and Mr. Abhimanyu Singh Khatri, Advocates.
UNION OF INDIA AND ANR. ..... Respondents Through: Ms. Maninder Acharya, ASG with Mr. Anurag Ahluwalia, CGSC, Mr. Abhimanyu Singh, Mr. Sahil Sood, Ms. Tejaswita, Mr. Harshul Choudhary and Mr. Viplav Acharya, Advocates for UOI with Mr. Anil Bahugula, Joint Sec.
%
08.05.2018
At request of learned ASG, renotify the matter on 9.5.2018.
MAY 08, 2018 cks * + W.P.(C) 4906/2018
COMPETENT AUTHORITY AND ADMINISTRATOR ..... Petitioner Through: Mr. Nikhil Bhardwaj, advocate for Mr. Arun Bhardwaj, CGSC.
NAVITA AGGARWAL
..... Respondent
Through: None.
%
08.05.2018
CM. APPL. Nos.18874-75/2018
¶1Allowed, subject to all just exceptions.
W.P.(C) 4906/2018 & CM. APPL. No.18873/2018
¶2Mr. Nikhil Bhardwaj seeks accommodation in the matter on the ground that the main counsel i.e., Mr. Arun Bhardwaj is not well.
¶3At request, renotify the matter on 3.7.2018.
MAY 08, 2018 cks *
+ W.P.(C) 4900/2018
PEEYUSH AGGARWAL
..... Petitioner Through: Mr. Vikas Arora and Ms. Radhika Arora, Advocates.
DIRECTORATE OF ENFORCEMENT & ORS ..... Respondents Through: Ms. Maninder Acharya, ASG with Mr. Amit Mahajan, CGSC with Mr. Viplav Acharya, Ms. Mallika Hiramath, Mr. Sahil Sood and Mr. Harshul Choudhary, Advocates.
%
08.05.2018 CM. APPL.18859/2018
¶1Allowed, subject to all just exceptions. W.P.(C) 4900/2018
¶2Counsel for the petitioner says that the co-defendant's petition is pending adjudication before the Division Bench. For this, purpose, my attention has been drawn to the orders dated 01.12.2017 and 28.02.2018, annexed at page 286 to 288 and appended as Annexure H & I.
¶3Learned counsel for the petitioner seeks interim protection.
3.1 The record shows that no application has been moved for this purpose.
¶4Issue notice.
4.1 Mr. Mahajan accepts notice on behalf of the respondents.
¶5Counter affidavit, if any, be filed within three (3) weeks from today.
¶6Rejoinder thereto, if any, be filed before the next date of hearing.
¶7Renotify the matter on 19.11.2018.
MAY 08, 2018 cks
* + W.P.(C) 2902/2018
EXCISE COMMISSIONER AND ANR
..... Petitioners
Through: None.
M/S SANJAY GOYAL
..... Respondent Through: Mrs. Rana Parveen Siddiqui, Advocate.
%
08.05.2018 CM. APPL.18936/2018
¶1This is an application filed by applicant/ respondent seeking exemption for filing a certified copy.
¶2The prayer made in the application is allowed.
¶3The application stands disposed of.
¶4Copy of this order will be dispatched by the Registry to the petitioner.
MAY 08, 2018 cks * + W.P.(C) 10485/2009
K.G.SOMANI & CO.
..... Petitioner
Through: Mr. Rabin Majumdar, Advocate.
UOI & ORS.
..... Respondents
Through: None.
%
08.05.2018 CM APP No.18932/2018
¶1The petitioner claims that he is 78 years old.
¶2Renotify the matter on 15.11.2018, as last item in the category of "After Notice Miscellaneous Matters".
MAY 08, 2018 cks * + W.P.(C) 4890/2018
SHRI KIRAN K. KAPILA AND ANR. ..... Petitioners Through: Dr. Arun Mohan, Sr. Advocate with Mr. Arvind Bhatt, Advocate with petitioner in person.
UNION OF INDIA AND ORS. ..... Respondents Through: Mr. Sanjeev Sabharwal, Sr. Govt. Counsel for UOI with Mr. Hem Kumar, Advocate for UOI.
%
08.05.2018
¶1Issue notice.
1.1 Mr. Sabharwal accepts notice on behalf of the respondents.
¶2Counter affidavit, if any, be filed within three (3) weeks from today.
¶3Rejoinder thereto, if any, be filed before the next date of hearing.
¶4Renotify the matter on 7.9.2018.
MAY 08, 2018 cks * + W.P.(C) 11344/2017 M/S PSS SECURITY SOLUTIONS THROUGH ITS SOLE PROPRIETOR. ..... Petitioner
Through: Mr. Tanuj Khurana, Advocate.
GOVT. OF NATIONAL CAPITAL TERRITORY OF DELHI AND ANR. ..... Respondents Through: Mr. Sanjoy Ghose and Mr. Rhishabh Jetley, Advocates for GNCTD.
%
08.05.2018
CM APP No.18825/2018
¶1In view of the position of the Board, the date of hearing cannot be advanced.
¶2Accordingly, the application is dismissed.
MAY 08, 2018 cks * + W.P.(C) 4933/2018
RAJESH KHURSIJA ..... Petitioner Through: Ms. Arveena Sharma and Ms. Kislaya Mishra, Advocates.
UNION OF INDIA AND ORS. ..... Respondents Through: Ms. Shiva Lakshmi, CGSC with Mr. Ruchir Ranjan Rai and Mr. Siddharth Singh, Advocates.
%
08.05.2018 CM APPL No.19054/2018
¶1Allowed, subject to all just exceptions. W.P.(C) 4933/2018
¶2Issue notice.
2.1 Ms. Shiva Lakshmi, accepts notice on behalf of the respondents.
¶3Counter affidavit, if any, be filed within three (3) weeks from today.
¶4Rejoinder thereto, if any, be filed before the next date of hearing.
¶5Renotify the matter on 24.8.2018.
MAY 08, 2018 cks * + W.P.(C) 4911/2018
NITESH KUMAR
..... Petitioner
Through: Mr. Rakesh Kumar, Advocate.
REGISTRAR OF COMPANIES DELHI & ANR. ..... Respondents Through: Mr. Rajesh Kumar and Ms. Santwana, Advocates. + W.P.(C) 4912/2018
RANI SHARMA & ANR
..... Petitioners
Through: Mr. Rakesh Kumar, Advocate.
REGISTRAR OF COMPANIES DELHI & ANR ..... Respondents Through: Mr. Rajesh Kumar and Ms. Santwana, Advocates.
%
08.05.2018
CM APPL Nos.18898-18900/2018
¶1Allowed, subject to all just exceptions. W.P.(C) 4911/2018 and CM. APPL.No.18897/2018 W.P.(C) 4912/2018 and CM. APPL. No.18899/2018
¶2Issue notice.
2.1 Ms. Santwana accepts notice on behalf of the respondents.
¶3Counter affidavit, if any, be filed within three (3) weeks from today.
¶4Rejoinder thereto, if any, be filed before the next date of hearing.
¶5Renotify the matter on 17.8.2018.
MAY 08, 2018 cks * + W.P.(C) 4901/2018
GULSHAN WADHWA AND ANR. ..... Petitioners Through: Mr. Pankaj Agarwal, Mr. Arveena Sharma and Ms. Kislaya Mishra, Advocates.
UNION OF INDIA AND ORS. ..... Respondents Through: Ms. Shiva Lakshmi, CGSC with Mr. Ruchir Ranjan Rai and Mr. Siddharth Singh, Advocates.
%
08.05.2018 CM. APPL.18861/2018
¶1Allowed, subject to all just exceptions. W.P.(C) 4901/2018
¶2Learned counsel for the petitioner seeks to withdraw the present petition with liberty to approach an appropriate forum.
¶3The writ petition is dismissed as withdrawn with liberty as prayed for.
¶4Pending application, if any, shall stand closed.
MAY 08, 2018 cks * + W.P.(C) 4884/2018
GAURAV KHULLAR AND ORS. ..... Petitioners
Through: Mr. Karanveer Jindal, Advocate.
UNION OF INDIA AND ORS. ..... Respondents Through: Mrs. Bharathi Raju, CGSC for R-1 &
2.
%
08.05.2018
CM APP No.28828/2018
¶1Allowed, subject to all just exceptions. W.P.(C) 4884/2018 & CM. APPL. No.18829/2018
¶2Issue notice.
2.1 Ms. Bharathi Raju accepts notice on behalf of the respondents.
¶3Counter affidavit, if any, be filed within three (3) weeks from today.
¶4Rejoinder thereto, if any, be filed before the next date of hearing.
¶5Renotify the matter on 14.8.2018.
MAY 08, 2018 cks * + W.P.(C) 4876/2018
PRAMOD KUMAR
..... Petitioner
Through: Mr. Rakesh Kumar, Advocate.
REGISTRAR OF COMPANIES DELHI & ANR ..... Respondents Through: Mr. Rajesh Kumar and Ms. Santwana, Advocates.
%
08.05.2018
CM APPL No.18816/2018
¶1Allowed, subject to all just exceptions. W.P.(C) 4876/2018 & 18815/2018
¶2At request of counsel for the petitioner, renotify the matter on
13.8.2018.
MAY 08, 2018 cks * + W.P.(C) 4614/2018
PENGYU DONG & ANR ..... Petitioners Through: Ms. Arunima Dwivedi and Ms. Preeti Kumra, Advocates.
UNION OF INDIA & ANR ..... Respondents Through: Mr. Bhagwan Swarup Shukla, CGSC with Mr. Kamaldeep, Advocate for UOI.
%
08.05.2018
CM. APPL.17824/2018
¶1Allowed, subject to all just exceptions. W.P.(C) 4614/2018 & CM. APPL.17823/2018
¶2Learned counsel for the petitioner says that the additional affidavit has been filed with the Registry. It appears that the same is not on record.
2.1 Counsel for the petitioner will take steps to bring the same on record.
¶3Renotify the matter on 13.8.2018.
MAY 08, 2018 cks * + W.P.(C) 4613/2018
MR. VINOD GOYAL ..... Petitioner
Through: Mr. Sahil Gupta, Advocate.
UNION OF INDIA AND ORS. ..... Respondent Through: Mr. Gigi C. George, Sr. Panel Counsel for UOI.
%
08.05.2018
¶1Learned counsel for the petitioner says that the additional affidavit has been filed. It appears that the same is not on record.
1.1 Counsel for the petitioner will take steps to bring the same on record.
¶2Renotify the matter on 10.8.2018.
MAY 08, 2018 cks
* + W.P.(C) 4968/2018
DR. N.K. GUPTA
..... Petitioner Through Mr. Prashant Mehta, Mr. Himanshu Kapoor and Mr. Karn Gupta, Advs.
MEDICAL COUNCIL OF INDIA AND ANR. ..... Respondents Through Mr. T. Singhdev, Mr. Tarun Verma, Ms. Biakthansangi Das, Ms. Puja Sarkar and Mr. Abhijit Chakravarty, Advs. for R-1 Mr. Praveen Khattar, Adv. for R-2
%
09.05.2018
CM No.19175/2018
¶1Allowed, subject to all just exceptions. W.P.(C) 4968/2018 & CM No.19176/2018
¶2The record shows that the proceedings against the petitioner had, inter alia, commenced on account of suo motu action taken by this Court based on a newspaper report. The information received was converted into W.P.(C) 4086/2017. This writ petition is listed before Division Bench-I.
¶3In view of the fact that the captioned writ petition has been filed against the order passed by MCI, pursuant to the triggering of the suo moto action, I deem it fit to place the captioned writ petition before the Division Bench-I.
¶4Accordingly, place the captioned writ petition before Division Bench-I, subject to the orders of the Hon"ble Acting Chief Justice.
¶5Since the petitioner says that he wants certain interim directions, the matter would be placed before the Division Bench-I on
29.5.2018; however, as indicated above, this will be subject to the orders of the Hon"ble Acting Chief Justice.
MAY 09, 2018 rb * + W.P.(C) 4944/2017
S.C. MIDHA
..... Petitioner
Through None
LAND & DEVELOPMENT, MINISTRY OF URBAN DEVELOPMENT & ANR
..... Respondents
Through Mr. Jaswinder Singh, Adv. for R-1 Ms. Mini Pushkarna, SC with Ms. Swagata Bhuyan and Ms. Shiva Pandey, Advs. for NDMC/R-2.
%
09.05.2018
CM No. 19142/2018
¶1Ms. Swagata Bhuyan, who, appears for the applicant/respondent no.2 seeks to withdraw the application with liberty to file an application with better particulars and an appropriate prayer.
¶2The application is dismissed as withdrawn with liberty as prayed for.
MAY 09, 2018 rb * + W.P.(C) 4567/2018
JAY POLYCHEM (INDIA) LTD. AND ANR. .... Petitioners Through Mr. Ashwani Kumar, Sr. Adv. with Mr. Vineet Malhotra, Mr. Saket Sikri, Mr. Vishal Gohri and Ms. Rausham, Advs.
BANK OF INDIA
..... Respondent
Through Mr. Jitendra Kumar, Adv.
%
09.05.2018
W.P.(C) 4567/2018 & CM APP No. 19065/2018
¶1Issue notice. Mr. Jitendra Kumar accepts notice.
¶2Mr. Ashwani Kumar, leaned senior advocate says that a copy of the writ petition and application has been supplied.
¶3Learned counsel for the respondent says that since he has received the copy of the writ petition in Court today, he wants to obtain instructions in the matter.
¶4The respondent/bank will be at liberty to file a reply to the application.
¶5Renotify the matter on 23.5.2018.
¶6In the meanwhile, the respondent/bank will maintain a status quo with respect to the impugned order.
MAY 09, 2018/rb
* + W.P.(C) 4997/2018
SHAILESH KUMAR
..... Petitioner
Through Mr. Navin Kumar, Adv.
REGISTRAR OF COMPANIES AND ORS. ..... Respondents
Through Mr. Arun Bhardwaj, CGSC
%
09.05.2018
¶1Issue notice. Mr. Bhardwaj accepts notice on behalf of the respondents.
¶2The counter affidavit be filed within three weeks.
¶3Rejoinder thereto, if any, be filed before the next date of hearing.
¶4Renotify the matter on 20.8.2018.
MAY 09, 2018 rb
* + W.P.(C) 4988/2018
VISHAL AGGARWAL
..... Petitioner Through Mr. Mohit Goel and Mr. Aditya Goel, Advs.
MINISTRY OF CORPORATE AFFAIRS AND ANR. .... Respondents Through Mr. Sanjeev Sabharwal, Sr. Govt. Counsel with Mr. Hem Kumar, Adv. for UOI
%
09.05.2018
CM APP No. 19231/2018
¶1Allowed, subject to just exceptions. W.P.(C) 4988/2018 & CM APP No. 19230/2018
¶2Issue notice. Mr. Sabharwal accepts notice on behalf of the respondents.
¶3The counter affidavit be filed within three weeks.
¶4Rejoinder thereto, if any, be filed before the next date of hearing.
¶5Renotify the matter on 17.8.2018.
MAY 09, 2018 rb
* + W.P.(C) 4982/2018
DELONG JIANG (THROUGH ITS ATTORNEY HOLDER) ..... Petitioner
Through Mr. Rakesh Kumar, Adv.
REGISTRAR OF COMPANIES, DELHI AND ANR.... Respondents
Through Mr. Dev P. Bhardwaj, CGSC for UOI
%
09.05.2018
CM APP No. 19222/2018
Allowed, subject to all just exceptions. W.P.(C) 4982/2018 & CM APP No. 19221/2018
¶1Issue notice. Mr. Bhardwaj accepts notice on behalf of the respondents.
¶2The counter affidavit be filed within three weeks.
¶3Rejoinder thereto, if any, be filed before the next date of hearing.
¶4Renotify the matter on 17.8.2018.
MAY 09, 2018 rb * + W.P.(C) 11362/2017
ARVIND RAJNISH VOHRA
..... Petitioner Through Mr. Mohit Goel and Mr. Aditya Goel, Advs.
MINISTRY OF CORPORATE AFFAIRS & ANR .... Respondents Through Mr. Bhagvan Swarup Shukla, CGSC with Mr. Kamaldeep, Adv. for UOI
%
09.05.2018
CM APP No. 19205/2018
¶1Issue notice. Mr. Shukla accepts notice on behalf of the official respondents.
¶2The substantive prayer made in the application is as follows: "a) Issue clarificatory directions to Respondent No. 2 to accept the Demand Draft submitted by the Petitioner and taken further steps for the compliance of the order dated 21 December 2017 passed in W.P
(C) 11362/2017"
¶3Mr. Shukla says that he has no objection to the directions passed in the order dated 21.12.2017.
¶4This order was passed by the Hon"ble Mr. Justice Vibhu Bakhru. Via this order, the writ petition was disposed of, inter alia, permitting the petitioner to avail of the benefit of CODS - 2018. The petitioner has approached the Court in view of the stated resistance on behalf of the ROC in accepting the demand draft that he sought to deposit.
¶5Learned counsel for the petitioner says that since in matters that were filed after the captioned petition was instituted, a direction was issued for creation of a fixed deposit in favour of ROC a similar direction be issued in this case as well. Accordingly, the petitioner is permitted to create a fixed deposit in the sum of Rs.30,000/- in favour of the ROC and deposit the same with the Registrar General of this Court. Let the needful will be done within a week from today.
¶6Mr. Shukla says that his appearance had not been recorded, by the Court, on the last date of hearing, i.e. 22.3.2018. This submission is taken note of. The record will show that Mr. Shukla had appeared on the said date.
MAY 09, 2018 rb *
+ W.P.(C) 853/2018
RAVI LOMOD
..... Petitioner
Through : Mr. S.C. Sagar, Adv.
LAWYERS CHAMBERS ALLOTMENT COMMITTEE & ORS
..... Respondents Through : Mr. Sanjay Dewan and Ms. Palak Rohmetra, Advs. + W.P.(C) 865/2018
CHUMAN MANDAL
..... Petitioner
Through : Mr. S.C. Sagar, Adv.
LAWYERS' CHAMBERS ALLOTMENT COMMITTEE & ORS
..... Respondents Through : Mr. Sanjay Dewan and Ms. Palak Rohmetra, Advs.
%
09.05.2018
¶1Learned counsel for the petitioner seeks and is granted four weeks time to file a rejoinder.
¶2Renotify the matters on 22.11.2018.
MAY 09, 2018/mk *
+ W.P.(C) 831/2018 & CM APP No.3549/2018
HNUNPUII
..... Petitioner
Through : Mr. V.P. Sharma and Mr. S.C. Sagar, Advs.
LAWYERS CHAMBERS ALLOTMENT COMMITTEE & ANR
..... Respondents Through : Mr. Sanjay Dewan and Ms. Palak Rohmetra, Advs.
%
09.05.2018
¶1Mr. Sanjay Dewan, who appears for the respondents says that he has filed the counter affidavit in the matter. Rejoinder thereto, if any, be filed before the next date of hearing.
¶2Renotify the matter on 22.11.2018.
MAY 09, 2018 mk *
+ W.P.(C) 8477/2011 & CM APP No.15458/2018
GAUTAM MUKHERJI
..... Petitioner
Through : Mr. Arunav Patnaik, Adv.
AIR FORCE NAVAL HOUSING BOARD THROUGH ITS DIRECTOR GENERAL AND ANR.
.... Respondents Through : Ms. Manisha A. Narain, Adv.
%
09.05.2018 CM APP No.15458/2018
¶1On the previous date of hearing, notice was issued to the non-applicant. Ms. Manisha A. Narain, who appears for the respondents submits that she has no objection to the prayer made in the captioned application.
¶2The prayer in the captioned application is to array State of U.P. as respondent no.3 in the present matter.
¶3Issue notice to the proposed respondent i.e., State of U.P. In addition, service be effected by private mode as well.
¶4Renotify the applications on 6.8.2018.
MAY 09, 2018 mk *
+ W.P.(C) 1612/2012 & CM APP No.19168/2018
KSHITIZ KRISHNA
..... Petitioner
Through : Mr. Rajan Sabharwal, Adv.
AIR FORCE NAVAL HOUSING BOARD ..... Respondent Through : Mr. Rachit Mittal, Adv.
%
09.05.2018 CM APP No.19168/2018
¶1On the previous date of hearing, notice was issued to the non-applicant. Mr. Rachit Mittal, who appears for the respondent submits that he has no objection to the prayer made in the captioned application.
¶2The prayer in the captioned application is to array State of U.P. as respondent no.3 in the present matter.
¶3Issue notice to the proposed respondent i.e., State of U.P. In addition, service be effected via private mode as well.
¶4Renotify the applications on 06.8.2018.
MAY 09, 2018 mk *
+ W.P.(C) 11096/2017 & CM APP No.45367/2017
ABDUL NAIM AND ORS.
..... Petitioners
Through : Mr. Syed Hasan Isfahani, Adv.
DELHI WAQF BOARD AND ANR. ..... Respondents
Through : Mr. Tariq Adeeb, Adv. for R-1. Mr. Naushad Ahmad Khan, ASC for GNCTD with Mr. Devesh Dubey, Adv.
%
09.05.2018
¶1Learned counsel for the petitioners says that since the Delhi WAQF Board ("Board") has been constituted, he would like to withdraw the captioned writ petition and prosecute his suit pending before it.
1.2 It is further submitted by counsel for the petitioners that suit lodged with the Board is listed for hearing on 24.9.2018.
1.3 Learned counsel seeks continuation of the interim order dated
13.12.2017, passed by this court, till the petitioners' interlocutory application is taken up for hearing.
¶2In these circumstances, the writ petition is disposed of with liberty to the petitioners to prosecute their suit before the Board. The interim order
W.P.(C) 11096/2017
dated 30.11.2017 shall continue to operate till petitioners" interlocutory application is taken up for hearing by the Board. For this purpose suit and interlocutory applications will be placed before the Board on 30.5.2018.
2.1 Accordingly, the pending application stand closed.
¶3At this stage, Mr. Tariq Adeeb, who appears for the Board, says that the Division Bench of this court in bunch of petitions has issued certain interim directions.
3.1 To be noted, interim orders, if any, passed by the Division Bench have not been placed before me.
¶4Given this submission, it is made clear that the respondents will be at liberty to bring to the notice of the Tribunal any such orders passed by the Division Bench of this Court. The Tribunal after hearing the parties will pass an appropriate order which would include the authority to modify or vacate the order dated 30.11.2017
MAY 09, 2018 mk
W.P.(C) 11096/2017
*
+ W.P.(C) 5011/2018
BIRENDER KUMAR
..... Petitioner
Through : Mr. Ashok Agarwal, Adv.
INSTITUTE OF LIVER & BILIARY SCIENCE (ILBS) & ORS.
..... Respondents Through : Mr. Govind Kumar, Adv. for R-1. Mr. Santosh Kumar Tripathi, ASC, GNCTD/R-2. Mr. Ripu Daman Bhardwaj, CGSC with Mr. T.P. Singh, Adv. for R-3/UOI.
%
09.05.2018
¶1Issue notice to the respondents. Mr. Santosh Kumar Tripathi accepts notice on behalf of respondent no.2, while Mr. Ripu Daman Bhardwaj accepts notice on behalf of respondent no.3.
¶2I am informed by Mr. Agarwal, learned counsel for the petitioner, that the petitioner between 16.4.2018 and 27.4.2018 was receiving treatment from respondent no.1 Institute. It appears that the petitioner was discharged from respondent no.1 Institute on 27.4.2018; whereupon he took treatment with Dr. Hedgewar Arogya Sansthan, Karkardooma, Delhi. Since, he could
W.P.(C) 5011/2018
not get cured, the petitioner was admitted to Venkateshwar Hospital, Dwarka.
¶3Mr. Agarwal refers me to Annexure P-3 which is suggestive of the fact that, according to the Venkateshwar Hospital, the petitioner requires a liver transplant. Mr. Agarwal says that necessary expertise is available with respondent no.1 Institute. Furthermore, Mr. Agarwal says that the sister of the petitioner has given her consent to donate a part of her liver. Mr. Agarwal further says that other family members of the petitioner are also available, if need be for the said purpose, in case the sister"s medical parameters do not match with that of the petitioner.
3.1 Mr. Agarwal says that the petitioner requires immediate treatment.
¶4At this stage, it is noticed that Mr. Govind Kumar, Advocate, is present in court. Learned counsel accepts notice on behalf of respondent no.1 Institute.
¶5Accordingly, respondent no.1 Institute is directed to admit the petitioner and commence his treatment. The status report, as regards the petitioner, will be filed in court before the next date of hearing.
¶6Mr. Agarwal says that the petitioner will make his own arrangements for being transported to respondent no.1 Institute.
6.1 The said statement is taken on record.
¶7Renotify the matter on 25.7.2018.
¶8Dasti under the signatures of Court Master.
MAY 09, 2018/mk
W.P.(C) 5011/2018
*
CM APP Nos.19341-42/2018 in + W.P.(C) 12093/2016
DALPAT SHARMA & ORS.
..... Petitioners
Through : Mr. Varinder Singh Dhiman, Adv.
DELHI AGRICULTURAL MARKETING BOARD & ANR.
..... Respondents Through : Ms. Palak Rohmetra, Adv.
%
09.05.2018 CM APP Nos.19342/2018
¶1Allowed, subject to just exceptions. CM APP No.19341/2018
¶2Issue notice to the respondents. Ms Palak Rohmetra accepts notice on behalf of the respondents.
¶3A bare perusal of the show cause notice dated 3.5.2018 would show that it is more in the nature of an order rather than a show cause notice.
3.1 Accordingly, till the next date of hearing, the operation of the show cause notice dated 3.5.2018 shall remain stayed. Reply(s), if any, be filed within four weeks from today. Rejoinder thereto, if any, be filed before the next date of hearing.
¶4Renotify on 13.8.2018.
¶5Dasti.
MAY 09, 2018/mk *
+ W.P.(C) 1664/2018 & CM APP No.6840/2018
M/S SSANGYONG ENGINEERING AND CONSTRUCTION CO. LTD
..... Petitioner Through : Mr. Navin Kumar, Ms. Surbhi Aggarwal, Ms. Rashmeet Kaur and Ms. Arpana Majumdar, Advs.
NATIONAL HIGHWAYS AUTHORITY OF INDIA (NHAI) ..... Respondent Through : Mr. Mukesh Kumar, Ms. Gunjan Sinha Jain and Ms. Soumaya Priyadarshini, Adv.
%
09.05.2018
¶1No counter affidavit has been filed as yet. Mr. Mukesh Kumar, who appears for the respondent seeks further time. The request is acceded to, subject to payment of costs of Rs.10,000/-. The costs will be deposited with the Juvenile Justice Fund. The proof of payment of costs will be placed on record. Rejoinder thereto, if any, be filed before the next date of hearing.
¶2Renotify the matter on 29.10.2018.
MAY 09, 2018 mk *
+ W.P.(C) 2392/2018 & CM APP No.9977/2018
HINDUSTAN SCOUTS & GUIDES ASSOCIATES ..... Petitioner
Through : Mr. Deepak Tyagi and Mr. Ajay Garg, Advs.
MINITRY OF FINANCE & ORS
..... Respondents Through : Ms. Manindar Acharya, ASG with Mr. Jasmeet Singh, CGSC, Mr. Harshul Choudhary, Mr. Sahil Sood and Mr. Viplav Acharya, Advs. for R-1,2 &4.
Mr. Anil Kumar Sangal and Mr. Siddharth Sangal, Advs. for R-3.
%
09.05.2018
¶1Learned counsel for the petitioner seeks to withdraw the writ petition as it has been filed by a person who lacks the authority to institute the action on behalf of the petitioner.
¶2The captioned writ petition is dismissed as withdrawn as prayed.
¶3Accordingly, the pending application shall stand closed.
MAY 09, 2018 mk * + W.P.(C) 136/2018 & CM APPL. 9948/2018
SH. N.R. SHARMA
..... Petitioner
Through: None.
GOVT. OF NCT DELHI AND ORS.
..... Respondents
Through: None.
%
09.05.2018
¶1There is no representation on behalf of the applicant. Adverse orders are deferred.
¶2Renotify the matter on 24.08.2018.
MAY 09, 2018 c
W.P.(C) 4994/2018
* + W.P.(C) 4991/2018
JAGDIP KAUR
..... Petitioner
Through: Mr. Amit Bhagat, Adv
BANK OF INDIA & ORS
..... Respondents Through: Mr. Rajat Arora with Mr. Niraj Kumar, Advs for Respondent no. 1
%
09.05.2018
CM APP No. 19250/2018 (exemption)
¶1Allowed, subject to all just exceptions. W.P.(C) 4991/2018
¶2Issue notice.
¶3Mr. Rajat Arora accepts notice on behalf of respondent no. 1
¶4Counter affidavit, if any, be filed within four weeks.
¶5Rejoinder thereto, if any, be filed before the next date of hearing.
¶6In addition, service be effected via electronic e-mail as well.
¶7Renotify the matter on 20.07.2018.
MAY 09, 2018 c * + W.P.(C) 4986/2018
TAXAB THROUGH (SH PARMESH RANJAN) ..... Petitioner
Through: Mr. Piyush Hans, Adv
CENTRAL INFORMATION COMMISSION & ORS ..... Respondents
Through: None.
%
09.05.2018
CM APP No. 19228/2018 (exemption)
¶1Allowed, subject to all just exceptions. W.P.(C) 4986/2018
¶2For the moment, notice is issued to respondent no. 1 i.e. Central Information Commission.
¶3It is the say of the counsel for the petitioner that his appeal has not been taken up for hearing, though it was filed as far as back on November, 2017.
¶4In addition, service be effected by private mode as well.
¶5Renotify the matter on 31.07.2018.
MAY 09, 2018 c * + W.P.(C) 4985/2018 & CM APPL. 19226/2018
RAJ KUMAR RAGHAV
..... Petitioner Through: Mr. R.K. Saini with Mr. Ayush Arora, Advs
THE DISTRICT AND SESSIONS JUDGE, DELHI AND ORS
...... Respondents Through: Ms. Shobhana Takiar with Mr. Udayan Khandelwal, Advs for R3
%
09.05.2018
CM APP No. 19227/2018 (exemption)
¶1Allowed, subject to all just exceptions. W.P.(C) 4985/2018
¶2Mr. Saini needs some time to place relevant judgments on record.
¶3Clearly, the petitioner is a licencee who is continuing even according to him for 22 years in the subject property.
¶4Since Mr. Saini is not ready with the judgments, renotify the matter on 23.07.2018.
¶5Any action taken hereafter will be subject to the outcome of writ petition.
MAY 09, 2018 c * + W.P.(C) 4984/2018
CHANDERKANTA KHANNA
..... Petitioner Through: Mr. Joydeep Mazumdar with Mr. Rohit Dutta and Ms. Priyata Chakraborty, Advs
STATE OF NCT OF DELHI & ORS
..... Respondents Through: Ms. Megha Bharara with Ms. Nidhi Raman, Advs for Respondent No. 1 and 8. SI Yashpal, P.S. Kalkaji
%
09.05.2018
CM APP No. 19225/2018 (exemption)
¶1Allowed, subject to all just exceptions. W.P.(C) 4984/2018
¶2The record shows that the petitioner had approached this court by way of a writ petition which was numbered as WP(C) 4032/2018. The said petition was withdrawn on 23.04.2018 with liberty to file a fresh petition.
¶3However, the order dated 23.04.2018 is not on record. Though, an averment has been made in that behalf in paragraph 35 of the captioned petition. W.P.(C) 4984/2018
¶4Mr. Joydeep Mazumdar, who appears for the petitioner says that the petitioner has been constrained to approach this court as the concerned Tribunal is not functioning on account of the lack of quorum. This position seems to have obtained since 29.08.2017.
¶5Issue notice.
¶6Ms. Megha Bharara accepts notice on behalf of respondent no. 1 & 8.
¶7Learned counsel says that she will revert with instructions with regard to functioning of the Tribunal.
¶8In the meanwhile, notice shall issue to the remaining respondents. In addition, service be effected via private mode as well.
¶9Renotify the matter on 29.05.2018.
MAY 09, 2018 c
W.P.(C) 4984/2018
* + W.P.(C) 4974/2018 & CM APPL. 19185/2018
M/S ALCHEMIST INFRA REALTY LIMITED AND ANR.
..... Petitioners Through: Ms. Sonia Dube with Mr. Saurabh Seth, Mr. Shatadru Chakraborty, Mr. Anurag Singh and Ms.Surbhi Anand, Advs
DIRECTORATE OF ENFORCEMENT AND ORS. ..... Respondents
Through: Mr. Amit Mahajan, CGSC for UOI.
Mr. Ashish Aggarwal, Adv for R4.
%
09.05.2018
¶1A request for accommodation is made on behalf of Mr. Rajiv Nayyar. The request is not opposed.
¶2Renotify the matter on 16.05.2018.
MAY 09, 2018 c * + W.P.(C) 4972/2018
SH. BALDEV RAJ
..... Petitioner Through: Ms. Ujala Vishnoi with Mr. Randeep Singh, Advs
GOVT. OF NCT OF DELHI AND ORS.
..... Respondents
Through: Mr. Shadan Farasat, ASC with Mr.
Ahmed Said, Advs for Respondent No. 1 and 2 Mr. Dhanesh Relan, Standing counsel with Ms. Komal Sorout and Ms. Kajri Gupta, Advs for R3
%
09.05.2018
CM APP No. 19181/2018 (exemption)
¶1Allowed, subject to all just exceptions. W.P.(C) 4972/2018
¶2Issue notice.
¶3Mr. Shadan Farasat accepts notice on behalf of respondents no. 1 and 2 and Mr. Dhanesh Relan accepts notice on behalf of respondent no. 3.
¶4Counter affidavit, if any, be filed within three weeks.
¶5Rejoinder thereto, if any, be filed before the next date of hearing.
¶6Renotify the matter on 10.09.2018
MAY 09, 2018/c * + W.P.(C) 4973/2018 & CM Appl. No.19182-19183/2018
SUSHIL DINESH SHAH
..... Petitioner
Through: Mr. Ketan Madan, Adv.
REGISTRAR OF COMPANIES & ORS
..... Respondent
Through: Mr. Raksh Kumar, CGSC for UOI.
%
09.05.2018
¶1No time left. It is already 5.50 p.m.
¶2Renotify the matter on 15.5.2018.
MAY 09, 2018/pmc * + W.P.(C) 4642/2018 & CM Appl. No.17909-17910/2018
MR. ANUJ KAPOOR AND ANR.
..... Petitioner Through: Mr. Ritik Malik with Mr. Brajesh Kumar, Advs.
REGISTRAR OF COMPANIES AND ORS. ..... Respondent
Through: Mr. Vinod Diwakar, CGSC.
%
09.05.2018
¶1No time left. It is already 4.46 p.m.
¶2Renotify the matter on 17.7.2018.
MAY 09, 2018/pmc * + W.P.(C) 4649/2018 & CM Appl. No.17947-48/2018
DILBAGH RAI CHAWLA AND ANR.
..... Petitioner
Through: Mr. Kumar Chitranshu, Adv.
UNION OF INDIA AND ANR.
..... Respondent
Through: Mr. Sanjay Kumar, Adv. for R-1 & 3.
%
09.05.2018
¶1No time left. It is already 4.45 p.m.
¶2Renotify the matter on 15.5.2018.
MAY 09, 2018/pmc * + W.P.(C) 10468/2015 & CM Appl. No.26265/2015
DR. ALKA GOEL
..... Petitioner Through: Ms. Reena George with Mr. Ketan Paul and Mr. Tishar, Advs.
MEDICAL COUNCIL OF INDIA & ORS. ..... Respondent
Through: Mr. T. Singhdev, Adv. for MCI. Mr. Praveen Khattar, Adv. for R-2. Mr. Sunil Sirohi, Adv. for R-3.
+ W.P.(C) 11129/2015 & CM Appl. No.28815/2015
ANU NAYYAR
..... Petitioner
Through: Mr. A.M. Tripathi, Adv.
UNION OF INDIA & ORS
..... Respondent
Through: Mr. T. Singhdev, Adv. for MCI. Mr. Sunil Sirohi, Adv. for R-3. Mr. Praveen Khattar, Adv. for R-4.
+ W.P.(C) 11707/2015 & CM Appl. No.31143/2015
DR. GAURAV BANSAL
..... Petitioner Through: Mr. Anupam S. Sharma with Mr. Prakash Airan, Mr. Shivam Gupta and Mr. Ankit Vashist, Advs.
DELHI MEDICAL COUNCIL & ORS
..... Respondent
Through: Mr. T. Singhdev, Adv. for MCI. Mr. Praveen Khattar, Adv. for R-1. Mr. Sunil Sirohi, Adv. for R-3.
+ W.P.(C) 11835/2015 & CM Appl. No.31444/2015
DR. RENU AGARWAL
..... Petitioner
Through: Mr. Anup K. Kaushal, Adv.
Mr. Sunil Sirohi, Adv. for R-3.
MEDICAL COUNCIL OF INDIA & ORS ..... Respondent
Through: Mr. T. Singhdev, Adv. for MCI.
Mr. Praveen Khattar, Adv. for DMC.
+ W.P.(C) 12090/2015 & CM Appl. No.32132/2015
V.K. KOHLI
..... Petitioner
Through: Mr. Nitin Kumar, Adv.
MEDICAL COUNCIL OF INDIA & ORS ..... Respondent
Through: Mr. T. Singhdev, Adv. for MCI.
Mr. Praveen Khattar, Adv. for DMC.
%
09.05.2018
¶1No time left. It is already 4.50 p.m.
¶2Renotify the matters on 22.11.2018.
MAY 09, 2018/pmc * + W.P.(C) 2252/2015 & CM Appl. No.4022/2015, 12037/2017
K. MOHAMMED IMRAN
..... Petitioner Through: Mr. Saurabh Prakash with Mr. Kunal Gosain and Mr. Utsav Jain, Advs.
DIRECTORATE OF ENFORCEMENT
..... Respondent
Through: Mr. Kirtiman Singh, CGSC.
%
09.05.2018
¶1No time left. It is already 4.45 p.m.
¶2Renotify the matter on 14.11.2018.
MAY 09, 2018/pmc * + W.P.(C) 7194/2016 & CM Appl. No.31925, 38174/2016
NASHIK ZILLA CABLE OPERATORS ASSOCIATION & ANR
..... Petitioner
Through: None.
THE STATE OF MAHARASHTRA & ORS ..... Respondent Through: Mr. Tanvir Nayar with Mr. Anil Thomas, Advs. for Hathway Cable Datacare Pvt. Ltd.
%
09.05.2018
¶1None appears for the petitioner.
¶2Adverse orders are deferred.
¶3Renotify the matter on 13.11.2018.
MAY 09, 2018/pmc * + W.P.(C) 1805/2018
YASHVI ENTERPRISES PRIVATE LIMITED ..... Petitioner Through: Mr. Amol Sinha with Mr. Nitin Gulati, Advs.
RBL BANK LIMITED
..... Respondent
Through: Mr. Ateev Mathur, Adv.
%
09.05.2018
¶1It is already 4.40 p.m.
¶2No time left. Renotify the matter on 23.10.2018.
MAY 09, 2018/pmc * + W.P.(C) 3257/2017
MADHAVI GUPTA
..... Petitioner
Through: None.
GOVT OF NCT OF DELHI & ORS
..... Respondent
Through: None.
%
09.05.2018
¶1None appeared for the parties.
¶2Adverse orders are deferred.
¶3Renotify the matter on 26.10.218.
MAY 09, 2018/pmc * + W.P.(C) 4408/2018 & CM Appl. No.17125-26/2018
ASIANET SATELLITE COMMUNICATION LTD...... Petitioner Through: Mr. Jayant Bhushan, Sr. Adv. with Mr. Jayant Mehta, Ms. Shrin Khajuria, Ms. Ayushi, Mr. Ketan Paul and Mr. Atul Vinod, Advs.
STAR INDIA PVT LTD
..... Respondent Through: Mr. Niraj Kishan Kaul, Sr. Adv. with Mr. Amit Sibal, Sr. Adv., Mr. Kunal Tandon, Mr. Sai Krishna, Mr. Shashank Shekher, Mr. Sidharth Chopra, Mrs. Sneha Jain and Mr. Ranjeet Singh, Advs.
+ W.P.(C) 4409/2018 & CM Appl. No.17127-28/2018, Cav. No.391-92/2018
ASIANET DIGITAL NETWORK PVT. LTD. AND ANR.
..... Petitioner Through: Mr. Jayant Bhushan, Sr. Adv. with Mr. Jayant Mehta, Ms. Shrin Khajuria, Ms. Ayushi, Mr. Ketan Paul and Mr. Atul Vinod, Advs.
STAR INDIA PVT. LTD AND ANR.
..... Respondent Through: Mr. Niraj Kishan Kaul, Sr. Adv. with Mr. Amit Sibal, Sr. Adv., Mr. Kunal Tandon, Mr. Sai Krishna, Mr. Shashank Shekher, Mr. Sidharth Chopra, Mrs. Sneha Jain and Mr. Ranjeet Singh, Advs. W.P.(C) No.4408/2018 & 4409/2018
Pg.1 of 2
%
09.05.2018
Renotify the matters on 14.5.2018.
MAY 09, 2018/pmc
W.P.(C) No.4408/2018 & 4409/2018
Pg.2 of 2 * + W.P.(C) 1512/2018 & CM Appl. No.6182/2018
DR YASHOB SINGH
..... Petitioner Through: Mr. Pradeep Kumar with Mr. Raj Karan Sharma, Advs.
NATIONAL RIFLE ASSOCIATION OF INDIA & ANR
..... Respondent Through: Mr. Aman Nandrajog with Mr. P.S. Singh and Mr. Ashish Tiwari, Advs. for R-1 & 2.
%
09.05.2018
¶1Counsel for respondent No.1 and 2 seeks and is granted three weeks to file the counter affidavit. Rejoinder thereto, if any, be filed before the next date of hearing.
¶2Renotify the matter on 3.10.2018.
MAY 09, 2018/pmc * + W.P.(C) 2715/2018 & CM Appl. No.11033, 19169/2018
OFFSHOOT AGENCY PRIVATE LIMITED ..... Petitioner Through: Mr. Siddharth Luthra, Sr. Adv. with Ms. Priyanka Sharma Goswami, Ms. Anusuya Sadhu Sinha and Ms. Amrita Sharma, Advs.
UNION OF INDIA AND ORS.
..... Respondent
Through: Mr. Kirtiman Singh, CGSC for UOI. Mr. Chaitanya Safaya with Ms. Surabhi Limaye and Mr. Vaibhav Niti, Advs. for R-2 & 3.
%
09.05.2018
¶1Counsel for the respondent No.2 & 3 seeks and is granted further time to file the counter affidavit.
¶2Let the needful be done within three weeks from today. Rejoinder thereto, if any, be filed before the next date of hearing.
¶3Renotify the matter on 10.9.2018.
MAY 09, 2018/pmc * + W.P.(C) 609/2018
PRESS ASSOCIATION
..... Petitioner
Through: Ms. Aditi Saxena, Adv.
PRESS INFORMATION BUREAU AND ANR ..... Respondent Through: Mr. Ashim Sood with Ms. Payal Chandra, Advs.
%
09.05.2018 CM Appl. No.19167/2018
¶1Issue notice.
¶2Ms. Saxena accepts notice for the non-applicant/petitioner.
¶3Renotify the captioned application on 25.8.2018. W.P.(C) No.609/2018 & CM Appl. No.2672/2018
¶4The report of the Registry is that the, counter affidavit has been returned under objection.
¶5Mr. Sood, who appears for the respondents, says that he will take steps to have the counter affidavit placed on record. Rejoinder thereto, if any, be filed before the next date of hearing.
¶6Renotify the matter on 21.8.2018.
¶7In the meanwhile, interim order shall continue to operate till further order of this Court.
MAY 09, 2018/pmc * + W.P.(C) 486/2017 & CM Appl. No.2218/2017
NIRMAL TOWER BUILDING PVT. LTD. ..... Petitioner
Through: Mr. Anurag Pratap, Adv.
UNION OF INDIA & ORS
..... Respondent Through: Mr. D. Gupta, Adv. for R-3. Mr. Anshuj Dhingra with Mr. Kartik Sethi, Advs. for R-4.
%
09.05.2018
At request of the counsel for the petitioner, renotify the matter on
25.10.2018.
MAY 09, 2018/pmc * + W.P.(C) 5690/2016 & CM Appl. No.23532, 24337, 28646/2016
M.N. ASHISH GANJU
..... Petitioner Through: Ms. Tara V. Ganju with Mr. Rahul Jaryal, Advs.
DISTRICT URBAN DEVELOPMENT AGENCY
(DUDA) & ORS
..... Respondent
Through: Mr. Prateek Chadha, Adv. for R-2.
%
09.05.2018
¶1Ms. Ganju, who appears for the petitioner, says that while prayer clause (a) stands satisfied, prayer clause (c) and (d) need to be addressed immediately as the monsoon season is around the corner.
¶2Insofar as prayer clause (e) is concerned, Ms. Ganju says, for the moment, there is no urgency.
¶3Counsel for the respondents will file a status report with regard to the reliefs sought in prayers (c) and (d).
¶4Renotify the matter on 31.7.2018.
MAY 09, 2018/pmc * + W.P.(C) 3998/2016 & CM Appl. No.29187/2017
MANISH AGGARWAL
..... Petitioner
Through: None.
CENTRAL VIGILANCE COMMISSION & ORS ..... Respondent
Through: Ms. Tatini Basu, Adv. for R-1.
%
09.05.2018
¶1Fresh notice shall issue to respondent No.2 and 3 without process fee.
¶2Renotify the matter on 12.11.2018.
MAY 09, 2018/pmc * + W.P.(C) 7931/2014
YOGESH CHANDER BHARDWAJ
..... Petitioner
Through: None.
GOVERNMENT OF NCT OF DELHI & ORS ..... Respondent Through: Mr. Siddhanth Panda, Adv. for R-1.
Ms. Manika Tripathy Pandey with Mr. Ashutosh Kaushik and Ms. Raveena Tandon, Advs. for DDA.
%
09.05.2018
¶1There is no representation on behalf of the petitioner.
¶2Adverse orders are deferred.
¶3Renotify the matter on 29.10.2018.
MAY 09, 2018/pmc * + W.P.(C) 8141/2011
PUSHPENDER KUMAR
..... Petitioner
Through: Mr. Anil Singal, Adv.
GNCT AND ANR
..... Respondent
Through: None.
%
09.05.2018
¶1There is no representation on behalf of the respondents.
¶2Renotify the matter on 25.9.2018.
MAY 09, 2018/pmc * + W.P.(C) 7457/2010 & CM Appl. No.14760/2010
RADHAKANTAPUR LEPROSY ASSOCIATION..... Petitioner Through: Ms. Jayshree Satpute with Ms. Tripti Poddar, Advs.
UOI AND ORS
..... Respondent Through: Mr. Joydeep Mazumdar with Mr. Rohit Dutta, Ms. Priyanka and Mr. Kamlesh Kumar, Advs. for R-3 to 5. Mr. Prasanta Varma with Ms. Prativa Rani Varma and Ms. Shalu Goswami, Advs. for R-6.
Mr. T. Singhdev with Ms. Baikthansangi Das, Ms. Puja Sarkar and Mr. Tarun Verma, Advs. for R-8.
%
09.05.2018
¶1Mr. Mazumdar, who appears for respondent No.3 to 5, says that the matter be stood over as steps are being taken to move the Supreme Court to seek clarification in respect of orders passed in W.P.(C) No.5363/1990 and the connected matters. Furthermore, learned counsel says that since respondent No.3 to 5 are bound by the provisions of Section 34 of the Rights of Persons with Disabilities Act, 2016, he will obtain instructions as to whether any notification has been issued in terms of Clause (c) of Sub-section (1) of the very same Section.
W.P.(C) No.7457/2010
Pg.1 of 2
¶2Counsel for respondent No.3 to 5 also submits that if the said respondents move the Supreme Court, prior notice will be given to the petitioner association and its counsel, i.e. Ms. Jayshree Satpute.
¶3Renotify the matter on 4.10.2018.
MAY 09, 2018/pmc
W.P.(C) No.7457/2010
Pg.2 of 2 * + W.P.(C) 1629/2018 & CM APPL. No.6694/2018
GODAVARI NUTRIFOODS PVT LTD ..... Petitioner Through: Mr. Vikas Singh, Sr. Adv. with Mr. Arvind Nayar, Sr. Adv., Ms. Nanda Devi Deka and Ms. Deepeika Kalia, Advs.
RESERVE BANK OF INDIA & ORS
..... Respondent Through: Mr. K.S. Parihar with Mr. H.S. Parihar, Advs. for RBI.
Mr. Rajiv Kapur with Ms. Khshboo Kapur, Advs. for SBI.
%
09.05.2018
¶1Mr. Parihar, who appears for RBI, seeks and is granted further time to file a counter affidavit in the matter. Let the needful be done within three weeks from today.
¶2Mr. Vikas Singh, learned Senior Counsel, who appears for the petitioner, relies upon a Circular dated 15.2.2018 issued by RBI, which, according to him, does not put any limit on the acceptance of coins by the banks.
¶3Mr. Parihar says he needs to take instructions on this aspect of the matter.
¶4To my mind, if the Circular dated 15.2.2018 is in place, as contended by Mr. Vikas Singh, there should be no difficulty in the petitioner approaching the concerned bank to deposit the coins. In case RBI has any objection, it will have liberty to approach the Court.
¶5Renotify the matter on 3.7.2018.
¶6Dasti.
MAY 09, 2018/pmc * + W.P.(C) 3435/2018 & CM APPL. No.13584/2018
LAWRENCE LIANG
..... Petitioner Through: Mr. Akhil Sibal, Sr. Adv. with Mr. Jawahar Raja, Mr. Chinmay Kanojia and Ms. Aditi Pathak, Advs.
AMBEDKAR UNIVERSITY, DELHI (THROUGH: ITS REGISTRAR) AND ANR.
..... Respondent Through: Mr. Arvind K. Nigam, Sr. Adv. with Mr. Abhimanyu Shreshtha, Mr. Nikhil Sharda and Mr. Mehtaab Singh Sandhu, Advs. for R-1.
Ms. Sakshi Banga with Mr. Anas Tanwar, Adv. for R-2.
%
09.05.2018
¶1Mr. Nigam, learned Senior Counsel who appears for respondent No.1/University, says that the said respondent was unable to file a counter affidavit in the matter, as papers concerning the subject matter are available with the Committee for Prevention of Sexual Harassment (CPSH).
¶2Ms. Sakshi Banga has entered appearance on behalf of respondent No.2/complainant.
¶3Counsels for the parties are agreed that it may facilitate adjudication of the matter, if the Committee for Prevention of Sexual Harassment is arrayed as a party to the present proceedings. It is ordered accordingly.
W.P.(C) No.3435/2018
Pg.1 of 2
¶4Counsel for the petitioner will file an amended memo of parties within one week from today.
¶5Notice shall issue to the newly arrayed party, i.e. Committee for Prevention of Sexual Harassment.
¶6Mr. Nigam says that he will file his written submissions on behalf of respondent No.1. Leave in that behalf is granted to respondent No.1.
¶7Counsel for respondent No.2 is given four weeks to file a counter affidavit.
¶8Rejoinder, if any, be filed before the next date of hearing.
¶9The Committee for Prevention of Sexual Harassment will stand over its proceedings till further orders of this Court.
¶10Renotify the matter on 23.8.2018.
MAY 09, 2018/pmc
W.P.(C) No.3435/2018
Pg.2 of 2 * + W.P.(C) 4433/2018 & CM No.17173/2018
SHRI PAWAN KUMAR GUPTA
..... Petitioner
Through Mr. B.S. Sharma, Adv.
ROSHANARA CLUB LIMITED AND ANR. ..... Respondents Through Mr. Amish Dabas and Ms. Shreya Dabas, Advs. for R-3
%
10.05.2018
¶1Issue notice. Mr. Amish Dabas accepts notice on behalf of respondent no.3.
¶2On steps being taken, notice shall issue to respondents no.1 and
¶2In addition, service be effected via private mode as well.
¶3Learned counsel for the petitioner will supply the additional document filed by him, which is a copy of the show cause notice, to counsel for respondent no.3.
¶4Renotify the matter on 28.11.2018.
MAY 10, 2018 rb * + W.P.(C) 4027/2018 & CM no.15933/2018
WYETH LLC
..... Petitioner Through Mr. Pravin Anand, Ms. Tusha Malhotra, Ms. Arpita Kulshreshtra, Mr. Sidharth Chopra, Ms. Rashi Punia and Mr. Aditya Awasthi, Advs.
UNION OF INDIA AND ORS.
..... Respondents Through Mr. Dev P. Bhardwaj, CGSC for UOI with Ms. Anubha Bhardwaj, Adv. for R-1 to 4.
Mr. Saurabh Banerjee, Ms. S. Majumdar, Ms. Mitul Dasgupta and Mr. Afzal Khan, Advs. for R-5.
%
10.05.2018
¶1Briefly, the controversy in the present writ petition is as to whether or not the review filed by respondent no.5/ Panacea Biotech is to be heard by respondent no.4.
¶2To be noted, two opposition applications were filed qua the patent filed by the petitioner. The oppositions were filed by, one, Ms. Leena Menghaney, who is a petitioner in W.P.(C) 9047/2017 and respondent no.5/Panacea Biotech.
2.1 These applications were heard, and thereafter, rejected by respondent no.4.
¶3Insofar as Ms. Leena Menghaney was concerned, as indicated above, she preferred a writ petition which is pending before this Court and, as a matter of fact, pursuant to the order passed on the previous date in the captioned writ petition, is also placed before me, today.
¶4Insofar as respondent no.5/Panacea Biotech is concerned, it preferred the review route. Accordingly, a review petition was filed before respondent no.4.
4.1 It is this review petition which respondent no.4, as it appears, has declined to hear.
¶5According to the official respondents, since respondent no.4 has recused from hearing the review petition filed by respondent no.5/ Panacea Biotech, the said petition has been transferred to respondent no.3 by respondent no.2 in exercise of his powers under Section 73(4) of the Patents Act, 1970 (in short "Act").
5.1 On the other hand, counsel for the petitioner contends that in terms of provisions under Section 77(1)(f) of the Act the review petition should, ordinarily, have been heard by respondent no.4. Learned counsel lays emphasis on the fact that the affidavit filed in this Court on behalf of respondents no.1 to 4 does not disclose reasons for recusal.
¶6Given these circumstances, to my mind, it is necessary for respondent no.4 to file an affidavit disclosing therein, the reasons as to why she has declined to hear the review petition filed by respondent no.5/ Panacea Biotech.
¶7In this behalf, respondent no.4 will disclose as to whether or not she has any conflict of interest in the matter, whether of a pecuniary or a non-pecuniary nature.
¶8Let the counter affidavit be filed within two weeks.
¶9Renotify the matter on 19.7.2018.
¶10Under these circumstances, respondent no.3 shall defer the hearing fixed in the review petition which I am told is stated for
16.5.2018. Learned counsel for respondent no.5/ Panacea Biotech says that he has no objection to this to the matter being stood over. The said statement is taken on record.
¶11Dasti under signatures of the Court Master.
MAY 10, 2018 rb * + W.P.(C) 1667/2018
RITESH KUMAR VERMA
..... Petitioner Through Mr. Hemant Jain and Mr. Jasmeet Singh, Advs.
UNION OF INDIA & ORS
..... Respondents Through Mr. Vinod Diwakar, CGSC witih Ms. Tatasha Banerjee, Adv. for R-1 & 2.
%
10.05.2018
CM APP No. 19378/2018
¶1Issue notice. Mr. Diwakar accepts notice on behalf of the official respondents.
¶2Learned counsel for the official respondents says that given the nature of the prayer made in the application, he does not wish to file a reply.
¶3The prayer made in the application is as follows: "a) Condone the delay of 8 days in filing the Fixed Deposit Receipt."
¶4For the reasons given in the application, the prayer is allowed.
¶5The application is, accordingly, disposed of.
¶6Dasti under the signatures of Court Master.
MAY 10, 2018 rb * + W.P.(C) 7402/2017
KHUMUKCHAM SANJITA CHANU
..... Petitioner
Through Mr. Parth Goswami, Adv.
UNION OF INDIA & ANR
..... Respondents Through Mr. Ripu Daman Bhardwaj, CGSC with Mr. T.P. Singh, Adv. for R-1
%
10.05.2018
¶1The core issue raised by the petitioner is that for some odd reason weight lifting was not considered as a discipline for conferment of Arjuna Awards either for 2016 or for 2017.
¶2In the writ petition, the prayer made is that the petitioner should be awarded Arjuna Award for 2017.
¶3Learned counsel for the respondents says that the matter was deliberated upon by the concerned committee, whereupon, it came to the conclusion that no awards would be conferred for weight lifting qua the aforementioned years.
¶4It is submitted by the counsel for the respondents that the deliberations of the concerned committee were videographed. Learned counsel for the respondents says that he will file a script as well as the CD of the deliberations with the Registry of this Court. It is ordered accordingly.
4.1 A copy of the script and the CD will also be furnished to the counsel for the petitioner. Let the needful be done within 4 weeks.
¶5I may also indicate that the counsel for the petitioner says that in the recent commonwealth games the petitioner won a gold medal in weight lifting in the 53 kg. category.
¶6Given the aforesaid submission of the counsel for the petitioner, the Secretary (Sports), Ministry of Youth Affairs and Sports is directed to place the matter before the Minister of Youth Affairs and Sports. The decision taken by the concerned Minister will be placed before the Court.
¶7Renotify the matter on 23.7.2018.
MAY 10, 2018 rb * + W.P.(C) 8110/2010 & CM No. 20894/2010
RAJ PAL KHANNA & ANR
..... Petitioners
Through Mr. Amit Anand Tiwari, Adv.
UNION OF INDIA & ORS
..... Respondents Through Mr. Anil Soni, CGSC with Mr. Abhinav Tyagi, Adv. for UOI AND + W.P.(C) 8111/2010 and CM Nos. 20897/2010, 6712/2011 & 15015-15016/2015
MURALI MANOHAR TANDON
..... Petitioner Through Mr. Ashish Tiwari and Mr. Aman Nandrajog, Advs.
UNION OF INDIA & ORS
..... Respondents Through Mr. Anil Soni, CGSC with Mr. Abhinav Tyagi, Adv. for UOI AND + W.P.(C) 8115/2010 and CM No. 20905/2010
JAWAHARLAL MEHRA & ANR..... Petitioner Through Mr. Ashish Tiwari and Mr. Aman Nandrajog, Advs.
UNION OF INDIA & ORS
..... Respondents Through Mr. Anil Soni, CGSC with Mr. Abhinav Tyagi, Adv. for UOI
%
10.05.2018
¶1Learned counsel for the petitioners seek accommodation. The request is not opposed by the counsel for the respondents.
¶2Accordingly, renotify the matters on 26.11.2018.
MAY 10, 2018 rb * + W.P.(C) 944/2011 & CM APP No. 13634/2015
ARVIND POSWAL
..... Petitioner
Through Mr. Varun, Adv.
MEDICAL COUNCIL OF INDIA AND ORS ..... Respondents Through Mr. T. Singhdev, Adv. for R-1. Mr. Praveen Khattar, Adv. for R-2. Ms. Soumya Kumar and Mr. Sanyam Khetarpal, Advs. for R-3 AND + W.P.(C) 4676/2013 & CM APP Nos. 21831-32/2015
ARVIND POSWAL
..... Petitioner
Through Mr. Varun, Adv.
MEDICAL COUNCIL OF INDIA AND ORS ..... Respondents Through Mr. T. Singhdev, Adv. for R-1. Mr. Praveen Khattar, Adv. for R-2 Ms. Soumya Kumar and Mr. Sanyam Khetarpal, Advs. for R-3 AND + W.P.(C) 4747/2013 & CM APP No. 21955-56/2015
ARVIND POSWAL
..... Petitioner
Through Mr. Varun, Adv.
MEDICAL COUNCIL OF INDIA AND ORS ..... Respondents Through Mr. T. Singhdev, Adv. for R-1. Mr. Praveen Khattar, Adv. for R-2 Ms. Soumya Kumar and Mr. Sanyam Khetarpal, Advs. for R-3
%
10.05.2018
¶1Learned counsel for the petitioner seeks accommodation. The request is not opposed by the counsel for the respondents.
¶2Accordingly, renotify the matters on 27.11.2018.
MAY 10, 2018 rb * + W.P.(C) 11599/2015
VEDANTA LIMITED & ORS
..... Petitioners Through Mr. C.A. Sundaram, Sr. Adv. with Ms. Anuradha Dutt, Mr. Anish Kapur and Mr. Dhritiman Roy, Advs.
UNION OF INDIA & ORS
..... Respondents Through Mr. Kirtiman Singh, CGSC with Mr. Waize Ali Noor, Mr. Prateek Dhanda and Saeed Qadri, Advs. for UOI. Mr. K.R. Sasiprabhu and Mr. Ajay Kumar Jha, Advs. for R-3
%
10.05.2018
CM APP No. 19300/2018
¶1Learned counsels are agreed that this application can be disposed of with the following directions:
1.1 The petitioners and ONGC will apply under the new policy dated 7.4.2017.
1.2 The only caveat that the petitioners wish to enter is that the application shall contain an endorsement that it is being filed without prejudice to the rights and contentions of the petitioners. It is ordered accordingly.
¶2The application is disposed of in the aforementioned terms.
¶3Dasti under the signatures of Court Master.
MAY 10, 2018/rb * + W.P.(C) 7295/2012
GIAN P. KUMAR (HUF)
..... Petitioner Through Mr.Dinesh Agnani, Sr. Adv with Mr. Gaurav Bahl and Mr. Ishaan Chawla, Advs.
GOVT. OF NCT OF DELHI & ORS.
..... Respondents Through Mr. Naushad Ahmad Khan, ASC with Mr. Devesh Dubey and Ms. Zahid Hanief, Advs for GNCTD.
%
10.05.2018 Mr. Dinesh Agnani has completed his arguments. Mr. Khan has partly argued the matter. Renotify for further arguments on 16.08.2018. Meanwhile, counsel for the parties will file their written submissions not exceeding two pages each.
MAY 10, 2018 A * + W.P.(C) 7103/2013 & C.M. Appl. No.15327/2013
GENX ENTERTAINMENT LIMITED ..... Petitioner
Through Ms. Sneha Jain, Adv.
UNION OF INDIA ..... Respondent
Through Mr. Dev P. Bhardwaj, CGSC.
%
10.05.2018 Counsel for the parties say that since the SLP No.32182/2014 titled: Viacom 18 Media Pvt. Ltd. Vs. Union of India is still pending adjudication, the matter be stood over. Accordingly, at request, renotify the matter on 28.11.2018.
MAY 10, 2018 A * + W.P.(C) 3398/2015
JINDAL STEEL & POWER LIMITED & ANR ..... Petitioners
Through Mr. Aakash Bajaj, Adv.
UNION OF INDIA & ORS ..... Respondents Through Ms. Anumita Chandra for Mr. Sanjeev Narula, Adv for UOI.
Mr. Amit Verma, Adv for SECL.
%
10.05.2018 C.M. Appl. No.16009/2017 Learned counsel for the applicant seeks further time to file a rejoinder. Let the needful be done within four weeks. Renotify the matter on 31.10.2018.
MAY 10, 2018 A * + W.P.(C) 8527/2015 & C.M. Appl. No.18371/2015
M/S INDIAN STEEL CORPORATION ..... Petitioner Through Mr. Prabhat Kaur, Mr. Harendra Singh and Mr. R.P. Singh, Advs.
COMMISSIONER OF CENTRAL EXCISE, DELHI-I ..... Respondent
Through None.
%
10.05.2018 There is no representation on behalf of the respondent. Issue Court notice to the respondent and its standing counsel. Renotify the matter on 13.11.2018. In the meanwhile, the interim order will continue to operate.
MAY 10, 2018 A * + W.P.(C) 11781/2015 & C.M. Appl. Nos.31323/2015 & 15683/2016
YASHWANT RAI ..... Petitioner Through Mr. Chiranjeev Johri for Mr. Pradeep Kumar Mathur, Adv.
THE UNION OF INDIA AND ANR ..... Respondents Through Mr. Apoorv Kurup and Mr. G. Kaushal, Advs. for UGC.
%
10.05.2018 Learned counsel for the petitioner seeks accommodation as the main counsel Mr. Mathur is not available. Request is not opposed by the learned counsel for the respondents. Accordingly, renotify the matter on 27.11.2018.
MAY 10, 2018 A * + W.P.(C) 5009/2016 & C.M. Appl. No.20910/2016
CENTRAL BOARD OF SECONDARY EDUCATION ..... Petitioner Through Ms. Seema Dolo for Mr. Amit Bansal, Adv.
VIJAY KUMAR MISHRA ..... Respondent
Through None.
%
10.05.2018 There is no representation on behalf of the respondent. Order dated 27.02.2017 says that the respondent was to obtain instructions in the matter as the information sought has already been supplied, according to the petitioner, to the respondent. Adverse orders are deferred. Renotify the matter on 22.11.2018. In the meanwhile, interim order will continue to operate.
MAY 10, 2018 A * + W.P.(C) 8597/2016
DEEPAK GOEL ..... Petitioner
Through None.
UNION OF INDIA AND ANR ..... Respondents Through Mr. Chiranjeev Kumar and Mr. Mukesh Sachdeva, Advs.
%
10.05.2018 There is no representation on behalf of the petitioner. Adverse orders are deferred. Renotify the matter on 29.11.2018. In the meanwhile, the petitioner will have the liberty to file a rejoinder in the matter.
MAY 10, 2018 A * + W.P.(C) 10504/2016
LEARNING MATTERS FOUNDATION & ANR ..... Petitioners Through Mr A.S. Chandihok, Sr. Adv. with Ms. Chandni Ghani, Ms. Ramya Kutty, Mr. Chetan Lokur and Mr. Devraj Gautam, Advs.
UNION OF INDIA ..... Respondent Through Mr. Anil Soni, CGSC with Mr. Abhinav Tyagi, Adv.
%
10.05.2018 At request, renotify the matter on 24.05.2018.
MAY 10, 2018 A * + W.P.(C) 4947/2017
PRADYUNN HORA & ANR ..... Petitioners Through Mr. Pranjal Kishore, Mr. Atul Shankar and Mr. Vinod, Advs.
THE DEPARTMENT OF REVENUE, GOVT. OF NCT, DELHI ..... Respondent Through Mr. Gautam Narayan, ASC for GNCTD with Mr. Anuj Aggarwal and Mr. Abhinav Goel, Advs.
%
10.05.2018 Learned counsel for the parties will file written submissions not exceeding 3 pages each at least three days before the next date of hearing. At request, renotify the matter on 05.07.2018.
MAY 10, 2018 A * + W.P.(C) 1710/2018 & C.M. Appl. No.7054/2018
HARISH KAPOOR ..... Petitioner
Through Mr. Anurag Bhatt, Adv.
THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA ..... Respondent
Through Ms. Pooja M. Saigal, Adv.
%
10.05.2018 Learned counsel for the respondent seeks and is granted four weeks time to file a counter affidavit. Rejoinder thereto, if any, be filed before the next date of hearing. Renotify the matter on 04.09.2018.
MAY 10, 2018 A * + W.P.(C) 5061/2018 SATBIR SHARMA
..... Petitioner Through: Mr. D.K. Devesh and Mr. U.P. Singh, Advocates.
GOVT OF NCT OF DELHI & ORS
..... Respondents Through: Ms. M.S. Shobhna Takiar and Mr. Udayan Khandelwal, Advocates.
%
10.05.2018
Renotify the matter on 14.5.2018.
MAY 10, 2018 cks * + W.P.(C) 9965/2016 DEVINDER
..... Petitioner Through: Mr. D.K. Devesh and Mr. U.P. Singh, Advocates.
THE LT. GOVERNOR & ORS
..... Respondents Through: None.
%
10.05.2018
CM APPL. Nos.19461-62/2018
Renotify the matter on 14.5.2018.
MAY 10, 2018 cks * + W.P.(C) 5053/2018 ROSHAN DEVI
..... Petitioner Through: Mr. D.K. Devesh and Mr. U.P. Singh, Advocates.
GOVT OF NCT OF DELHI & ORS
..... Respondents Through: Mr. Anupam Srivastava, ASC/GNCTD and Mr. Dhairya Gupta, Advocate for R-1 to 4.
%
10.05.2018
Renotify the matter on 14.5.2018.
MAY 10, 2018 cks * + W.P.(C) 704/2013
SOCIETY FOR CONSUMERS AND INVESTORS PROTECTION ..... Petitioner
Through: None.
UNION OF INDIA AND ANR ..... Respondents Through: Mr. Ripu Daman Bhardwaj, Advocate for R-1/UOI.
%
10.05.2018
Renotify the matter on 22.11.2018.
MAY 10, 2018 cks * + W.P.(C) 3775/2013
USV LIMITED ..... Petitioner
Through: Ms. Chandrika Gupta, Advocate.
THE UNION OF INDIA & ANR ..... Respondents Through: Mr. Sanjeev Narula, CGSC with Ms. Anumita Chandra, Advocate for UOI.
%
10.05.2018
Renotify the matter on 13.11.2018.
MAY 10, 2018 cks * + W.P.(C) 3602/2014
TRISTAR FORMULATIONS PRIVATE LIMITED ..... Petitioner
Through: Ms. Chandrika Gupta, Advocate.
UNION OF INDIA & ORS. ..... Respondents Through: Mr. Anil Soni, CGSC with Mr. Abhinav Tyagi, Advocate for UOI.
%
10.05.2018
Renotify the matter on 13.11.2018.
MAY 10, 2018 cks * + W.P.(C) 6833/2014
TARASPAN SOLUTIONS PRIVATE LIMITED ..... Petitioner Through: Mr. Naveen Dahiya, Ms. Manisha Chaudhary and Mr. Mansumyer Singh, Advocates.
CHIEF CONTROLING REVENUE AUTHORITY & ANR. ..... Respondents Through: Mr. Ramesh Singh, Standing Counsel and Mr. Dhananjaya Mishra, Advocates.
%
10.05.2018
Renotify the matter on 22.11.2018.
MAY 10, 2018 cks * + W.P.(C) 1069/2015
KAMLA & ANR ..... Petitioners
Through: Mr. Prabhat Kumar, Advocate.
STATE (NCT OF DELHI) & ORS ..... Respondent Through: Mr. Sumit Jidani, Advocate for R-1.
Mr. Abhay Kumar and Mr. Saurabh Mishra, Advocates for R-2 & 3. Ms. Sneha verma, Advocate for Gaurang Kanth, Advocate for MCD.
%
10.05.2018
Renotify the matter on 28.11.2018.
MAY 10, 2018 cks * + W.P.(C) 11617/2015
TWINKLE CHHABRA ..... Petitioner
Through: Ms. Ritu Negi, Advocate.
STATE BANK OF INDIA AND ANR ..... Respondents
Through: Mr. Rajiv Kapur, Advocate.s
%
10.05.2018
Renotify the matter on 4.12.2018.
MAY 10, 2018 cks * + W.P.(C) 8907/2016
ASHISH DWIVEDI ..... Petitioner
Through: None.
CENTRAL BOARD OF FILM CERTIFICATION ..... Respondent
Through: Mr. Vikram Jetly, CGSC.
%
10.05.2018
Renotify the matter on 3.12.2018.
MAY 10, 2018 cks * + W.P.(C) 10822/2016
VVC REALINFRA PRIVATE LIMITED ..... Petitioner
Through: None.
GAIL INDIA LIMITED ..... Respondent Through: Mr. Sanjay Jain, Sr. Advocate with Ms. Purnima Maheshwari, Ms. Sneh suman and Mr. Yuvraj Sharma, Advocates.
%
10.05.2018
Renotify the matter on 3.7.2018.
MAY 10, 2018 cks * + W.P.(C) 918/2013
PRAVEEN CHOUDHARY ..... Petitioner
Through: None.
GOVT OF NCT OF DELHI & ANR ..... Respondents
Through: None.
%
10.05.2018
Renotify the matter on 25.10.2018.
MAY 10, 2018 cks * + W.P.(C) 7611/2015
NATIONAL GREEN TRIBUNAL ..... Petitioner
Through: Ms. Manpreet Kaur, Advocate.
ALOK KUMAR GHOSH ..... Respondent
Through: None.
%
10.05.2018
Renotify the matter on 4.12.2018.
MAY 10, 2018 cks * + CONT.CAS(C) 569/2016
DEEPAK GOEL ..... Petitioner
Through: None.
V S MADAN ..... Respondent Through: Mr. Umesh Mishra with Mr. V.S. Madan, Advocates.
%
10.05.2018
Renotify the matter on 3.12.2018.
MAY 10, 2018 cks * + W.P.(C) 5439/2016
M/S VOESTALPINE SCHIENEN GMBH ..... Petitioner Through: Ms. Shalini Sati Prasad and Mr. Asees Jasmine Kaur, Advocates.
DELHI METRO RAIL CORPORATION LTD. & ANR ..... Respondents Through: Mr. Sudhir Nandrajjog, Sr. Advocate with Mr. Tarun Johri and Mr. Ankit Saini, Advocates for DMRC.
%
10.05.2018
¶1Renotify the matter on 30.11.2018.
¶2Interim order will continue to operate, in the meanwhile.
MAY 10, 2018 cks
*
+ W.P.(C) No.5213/2018 & C.M. APPL. No.20204/2018
RADHA & ORS.
..... Petitioners
Through: Ms. Anupradha Singh, Advocate.
DELHI URBAN SHELTER IMPROVEMENT BOARD & ORS.
..... Respondents Through: Mr. Parvinder Chauhan with Mr. Nitin Jain, Advocate for R-1/DUSIB. Ms. Puja Kalra, Advocate for R-2 /SDMC. Ms. Anju Aggarwal, ASG with Ms. Deboshree Mukherjee, Advocate for R-3 & R-4. Mr. Roshan Lal Goel with Ms. Anju Gupta, Advocates for R-5/UOI.
%
14.05.2018
¶1Issue notice.
¶2Mr. Chauhan accepts notice on behalf of respondent no.1/ DUSIB. Ms. Puja Kalra accepts notice on behalf of respondent no.2/SDMC. Ms. Deboshree Mukherjee accepts notice on behalf of respondent nos.3 and 4. Likewise, Mr. Roshan Lal accepts notice on behalf of respondent no.5/ UOI.
W.P.(C) No.5213/2018
¶3In sum, stand of the petitioners before me is that they are residents of JJ Basti, E-Block Re-settlement Colony Khyala, Delhi – 110018. The petitioners are 25 in number living in separate houses. It is the case of the petitioners that their hutments have been part of the aforementioned JJ cluster prior to 1.1.2015 and, therefore, they are entitled to the benefit of Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015 (in short "2015 Policy").
¶4Mr. Chauhan, who appears on advance notice submits that apart from above, the petitioners have to satisfy the other condition under the 2015 Policy; which is, that the JJ cluster should have come up before 01.01.2006 a condition which is not fulfilled.
4.1 Besides this, Mr. Chauhan says that the electricity bills appended to the writ petition indicate that the date of energization, is a date, which falls after 01.01.2015.
4.2 Based on these assertions, Mr. Chauhan says that the petition is not tenable.
¶5On the other hand, learned counsel for the petitioners relies upon the Voter Identity Cards of some of the petitioners to demonstrate that they have been living in the concerned JJ clusters prior to 01.01.2015.
5.1 I must, however, note here that no averment seems to have been made that the concerned JJ cluster came up prior to 01.01.2006. This fact was brought to the notice of learned counsel for the petitioners. Learned counsel says that the writ petition was filed hurriedly and, therefore, short accommodation be given to place more material on record. Having said so, it is contended on behalf of the petitioners that no show-cause notice was W.P.(C) No.5213/2018
issued prior to attempts being made to cause the removal of the petitioners from the subject area.
¶6Ms. Puja Kalra, who appears for respondent no.2/ SDMC states that she has obtained instructions to the effect that, presently, no demolition drive taken up by the said respondent. Likewise, Mr. Chauhan says that the respondent no.1/ DUSIB also has no intimation of any demolition drive. Mr. Chauhan, however, says that he has instructions, to the effect, that no JJ cluster exists in E-Block, Re-settlement Colony, Khyala, Delhi.
¶7To my mind, matter needs some bit of further examination. In these circumstances, parties are directed to maintain status-quo as to possession till further orders of the Court. Counter affidavits will be filed by the respondents within four weeks. Rejoinder thereto, if any, be filed before the next date of hearing. The petitioners will place on record necessary material to satisfy the twin conditions, which are referred to in the 2015 Policy.
¶8Apart from anything else the petitioners will file a site plan and a google map of the subject area; copies of which will be furnished to counsel for the respondents. The needful will be done within two weeks from today.
¶9Renotify the matter on 20.07.2018.
¶10Dasti under the signatures of the Court Master.
MAY 14, 2018 hs
W.P.(C) No.5213/2018
* + W.P.(C) 5230/2018 & C.M Appl. No.20276/2018
C-4 JHUGGI KALYAN SAMITI ..... Petitioner Through Mr. Choudhary Ali Zia Kabir and Ms. Y. Asenla Pongen, Advs.
DELHI URBAN SHELTER IMPROVEMENT BOARD AND OTHERS. ..... Respondents Through Ms. Hetu Arora Sethi, ASC for R-3 & R-4.
Ms. Anju Gupta and Mr. Roshan Lal Goel, Advs for R-5/UOI.
%
15.05.2018 The petitioner impugns the notice dated 04.04.2018. This notice has been appended at page 50 of the paper book. A perusal of the notice would show that though the name of the authority which issued the notice is not indicated, it does require all the jhuggi dwellers who are residing on the railway land stretching between Adarsh Nagar to Daya Basti to remove themselves. According to the impugned notice, the jhuggi dwellers are encroachers. The petitioner Samiti claims its members have been residing in the subject area, albeit, as encroachers prior to 01.01.2015 and are, therefore, entitled to relocation under the 2015 Policy framed by DUSIB.
3.1 The petitioner Samiti also avers that its members have not been served with any notice of eviction. Issue notice. Ms. Hetu Arora Sethi accepts notice on behalf of respondents No. 3 & 4. Likewise, Ms Anju Gupta accepts notice on behalf of respondent No. 5. On steps being taken, notice will issue to respondent Nos.1 &
¶2Counter affidavit be filed within four weeks from today. Rejoinder thereto, if any, be filed before the next date of hearing. The respondents will maintain status quo as to the possession, till the next date of hearing. Renotify the matter on 20.07.2018. Order dasti under signatures of the Court Master.
MAY 15, 2018 A
*
+ W.P.(C) 4265/2018
MAHDOOM KADAR BACHA NOORUL AMEEN..... Petitioner
Through: Ms. Prachi Johri, Adv.
UNION OF INDIA AND ORS.
..... Respondents
Through: Mr. Amit Narayan, CGSC/UOI.
%
26.04.2018
CM Appl. 16664/2018 (for exemption)
¶1Allowed, subject to all just exceptions. W.P.(C) No.4265/2018 & CM Appl. 16663/2018
¶2The petitioner has filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the name of the petitioner.
¶3In this matter, I am informed by the learned counsel for the official respondents 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.
¶4The petitioner claims that he was appointed as a Director on the Board of company by the name: MG Project Services Private Limited (hereinafter referred to as "Company"). Furthermore, the petitioner states that he had not filed the Company's financial statements and statutory returns as required under the extant
W.P.(C) 4265/2018
1 of 3
provisions of law. The petitioner avers that on account of the aforementioned infraction of law that his name came to be included in the impugned list.
¶5Counsel for writ petitioner is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶5Accordingly, 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 will deposit, if not deposited already, a 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.
W.P.(C) 4265/2018
2 of 3
¶6The writ petitioner will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶7Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶8Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶9Pending application(s), if any, shall stand closed.
¶10It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶11Dasti under signatures of the Court master.
APRIL 26, 2018 neelam
W.P.(C) 4265/2018
2 of 3 * + W.P.(C) 4261/2018
VISHAL SALHOTRA & ANR
..... Petitioners
Through: Mr.Harish Kumar, Adv.
UNION OF INDIA & ANR
..... Respondents Through: Mr.Ripu Daman Bhardwaj with Mr.Brajesh Kumar, Advs.
%
26.04.2018
¶1The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶2The petitioners claim that they were appointed as Directors on the Board of company by the name: V2 Motion Pictures Private Limited (hereinafter referred to as "Company"). The petitioners also state that the Company has not been carrying on any business for the past three years and that its bank account has also not been operated for the past three years. 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.
¶3In this matter, I am informed by the learned counsel for the official respondents 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.
W.P.(C) 4261/2018
1 of 3
¶4Counsel for writ petitioner is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶5Accordingly, 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 will deposit, if not deposited already, a 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.
¶6The writ petitioner will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
W.P.(C) 4261/2018
2 of 3
¶7Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶8Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶9Pending application(s), if any, shall stand closed.
¶10It is made clear that if there is any other company apart from the one mentioned in paragraph 3 above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶11Dasti under signatures of the Court master.
APRIL 26, 2018 neelam
W.P.(C) 4261/2018
3 of 3 * + W.P.(C) 4262/2018
GURMIT SINGH & ANR
..... Petitioners
Through: Mr.Alok Tripathi, Adv.
UNION OF INDIA & ORS
..... Respondents Through: Mr.Ripu Daman Bhardwaj with Mr.Brajesh Kumar, Advs.
%
26.04.2018
CM APP No. 16655/2018
¶1Allowed, subject to all just exceptions.
W.P.(C) 4262/2018
¶2The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: GN Properties Pvt. Ltd. (hereinafter referred to as "Company"). The petitioners state the Company has not commenced operations since its inception. Furthermore, the petitioner state that they had not filed the Company's financial statements and statutory 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.
¶4In this matter, I am informed by the learned counsel for the official W.P.(C) 4262/2018
1 of 3 respondents 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.
¶5Counsel for writ petitioner is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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 will deposit, if not deposited already, a 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.
¶7The writ petitioner will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) W.P.(C) 4262/2018
2 of 3 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶8Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶9Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶10It is made clear that if there is any other company apart from the subject Company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶11Pending application(s), if any, shall stand closed.
¶12Dasti under signatures of the Court master.
APRIL 26, 2018 neelam
W.P.(C) 4262/2018
3 of 3 * + W.P.(C) 4263/2018
ATUL KUMAR SINGH AND ANR.
..... Petitioners
Through: Ms.Arunima Dwivedi, Adv.
UNION OF INDIA AND ANR.
..... Respondents Through: Mr.Vinod Diwakar, CGSC with Mr.Sanjay Pal, Adv. for R1&2.
%
26.04.2018
CM APP No. 16657/2018
¶1Allowed, subject to all just exceptions.
W.P.(C) 4263/2018
¶2The petitioners filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: Ecocapita Technologies Private Limited (hereinafter referred to as "Company"). The petitioners state that the Company did not commence business since its incorporation. 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 petitioner avers that it is on
W.P.(C) 4263/2018
1 of 3 account of the aforementioned infraction of law that their names came to be included in the impugned list.
¶4In this matter, I am informed by the learned counsel for the official respondents 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.
¶5Counsel for writ petitioner is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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 will deposit, if not deposited already, a 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
W.P.(C) 4263/2018
2 of 3 will be deposited in the form of FDR as well. The writ petitioner(s) will also furnish their calculations in that behalf.
¶7The writ petitioner will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶8Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶9Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶10It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶11Pending application(s), if any, shall stand closed.
¶12Dasti under signatures of the Court master.
APRIL 26, 2018 neelam
W.P.(C) 4263/2018
3 of 3
* + W.P.(C) 4264/2018
RAGHVI GOSWAMI
..... Petitioner
Through: Mr. Shobhan Mahanti, Adv.
UNION OF INDIA AND ORS.
..... Respondents Through: Mr.Rajesh Gogna, CGSC with Ms.L. Ganguli, Adv. for R1&2.
+ W.P.(C) 4281/2018
SANYAM SUNEJA
..... Petitioner
Through: Mr. Shobhan Mahanti, Adv.
UNION OF INDIA AND ORS.
..... Respondents Through: Mr.Rajesh Gogna, CGSC with Ms.L. Ganguli, Adv. for R1&2.
+ W.P.(C) 4285/2018
MADAN MOHAN GROVER
..... Petitioner
Through: Mr. Shobhan Mahanti, Adv.
UNION OF INDIA & ORS
..... Respondent Through: Mr.Rajesh Gogna, CGSC with Ms.L. Ganguli, Adv. for R1&2.
%
26.04.2018
W.P.(C) 4264/2018 & connected matters
1 of 4 CM APP No. 16658/2018
¶1Allowed, subject to all just exceptions.
W.P.(C) 4264/2018
¶2The petitioners have filed the captioned writ petitions, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: Breekon Peaks Impex Private Limited (hereinafter referred to as "Company"). 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.
¶4In this matter, I am informed by the learned counsel for the official respondents 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.
¶5Counsel for writ petitioner is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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
W.P.(C) 4264/2018 & connected matters
2 of 4
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 will deposit, if not deposited already, a 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.
¶7The writ petitioner will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶8Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶9Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶10It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list
W.P.(C) 4264/2018 & connected matters
3 of 4
of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶11Pending application(s), if any, shall stand closed.
¶12Dasti under signatures of the Court master.
APRIL 26, 2018 neelam
W.P.(C) 4264/2018 & connected matters
4 of 4
* + W.P.(C) 4126/2018
OMAIR ALAM AND ORS.
..... Petitioners Through: Mr.Shailendra Singh and Ms.Ruchira Garg, Advs.
UNION OF INDIA AND ORS.
..... Respondents
Through: Ms.Bharathi Raju, CGSC for R1&2.
%
26.04.2018
CM No.16239/2018
¶1Allowed, subject to all just exceptions. W.P.(C) 4126/2018
¶2The 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.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: Ahmad and Alam Impex 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.
¶4In 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.
¶5Counsel 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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, a 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.
¶7The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P.
(C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶8Liberty, 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.
¶9Needless 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.
¶10It is made clear that if there is any other company apart from the one mentioned in paragraph 3 above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶11Pending application(s), if any, shall stand closed.
¶12Dasti under signatures of the Court master.
¶13The Registry will scan and upload the affidavits filed by the petitioner.
APRIL 26, 2018 neelam
* + W.P.(C) 4128/2018
SHAHLA REHMAN AND ORS.
..... Petitioners Through: Mr.Shailendra Singh and Ms.Ruchira Garg, Advs.
UNION OF INDIA AND ORS.
..... Respondents Through: Mr.P.S. Singh, Sr. Adv. with Ms. Saakshi Agrawal, Adv. for R1&2.
%
26.04.2018
CM No.16241/2018
¶1Allowed, subject to all just exceptions. W.P.(C) 4128/2018
¶2The 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.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: Zenith Craft 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.
3.1 To be noted, the captioned writ petition was heard on 24.04.2018, wherein the counsel for the petitioners sought time to file an additional affidavit bringing on record as to the compliances made to have the Company voluntarily struck off from the Register of Companies.
3.2 It is in the background that petitioners have filed affidavits dated
25.04.2018 via diary no. 118631.
¶4In 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.
¶5Counsel 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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, a 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.
¶7The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P.
(C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶8Liberty, 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.
¶9Needless 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.
¶10It is made clear that if there is any other company apart from the one mentioned in paragraph 3 above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶11Pending application(s), if any, shall stand closed.
¶12Dasti under signatures of the Court master.
¶13The Registry will scan and upload the affidavits filed by the petitioner.
APRIL 26, 2018 neelam W.P.(C) 4128/2018
3 of 3 * + W.P.(C) 4129/2018
MOHAN CHANDRA BHATT AND ANR. ..... Petitioners Through: Mr.Shailendra Singh and Ms.Ruchira Garg, Advs.
UNION OF INDIA AND ORS.
..... Respondents Through: Mr.P.S. Singh, Sr. Adv. with Ms. Saakshi Agrawal, Adv. for R1&2.
%
26.04.2018
CM No.16242/2018
¶1Allowed, subject to all just exceptions. W.P.(C) 4129/2018
¶2The 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.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: Classic Album 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.
3.1 To be noted, the captioned writ petition was heard on 24.04.2018, wherein at request of the counsel for the petitioner, the matter was renotified for 26.4.2018.
3.2 It is in the background that petitioners have filed affidavits dated
25.04.2018 via diary no. 118621.
¶4In 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.
¶5Counsel 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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, a 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.
¶7The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P.
(C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶8Liberty, 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.
¶9Needless 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.
¶10It is made clear that if there is any other company apart from the one mentioned in paragraph 3 above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶11Pending application(s), if any, shall stand closed.
¶12Dasti under signatures of the Court master.
¶13The Registry will scan and upload the affidavits filed by the petitioner.
APRIL 26, 2018 Neelam * + W.P.(C) 4118/2018
NITIN VERMA AND ANR.
..... Petitioners Through: Mr.Shailendra Singh and Ms.Ruchira Garg, Advs.
UNION OF INDIA AND ORS.
..... Respondents Through: Mr.P.S. Singh, Sr. Adv. and Ms.Saakshi Agrwala, Adv. for R1&2.
%
26.04.2018
CM No.16225/2018
¶1Allowed, subject to all just exceptions. W.P.(C) 4118/2018
¶2The 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.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: Janhavi Softech 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.
¶4In 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.
¶5Counsel 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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, a 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.
¶7The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P.
(C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶8Liberty, 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.
¶9Needless 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.
¶10It is made clear that if there is any other company apart from the one mentioned in paragraph 3 above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶11Pending application(s), if any, shall stand closed.
¶12Dasti under signatures of the Court master.
APRIL 26, 2018 neelam * + W.P.(C) 4083/2018
SANGITA DHINGRA
..... Petitioner Through: Dr.Rakesh Gosain, Mr.Pankaj Bhardwaj and Mr.Nipun Bhardwaj, Advs.
UNION OF INDIA ORS
..... Respondents
Through: Mr.D.P. Bhardwaj, Adv. for R1&2.
%
26.04.2018
¶1The 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.
¶2The petitioners claim that they were appointed as Directors on the Board of company by the name: IS Metal Ford 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.
2.1 To be noted, the captioned writ petition was heard on 24.04.2018, at request of the counsel for the petitioner, the matter was renotified for 26.4.2018.
2.2 It is in the background that petitioners have filed affidavits dated
25.04.2018 via diary no. 117998.
¶3In 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.
¶4Counsel 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶5Accordingly, 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, a 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.
¶6The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P.
(C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶7Liberty, 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.
¶8Needless 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.
¶9It is made clear that if there is any other company apart from the one mentioned in paragraph 3 above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶10Pending application(s), if any, shall stand closed.
¶11Dasti under signatures of the Court master.
¶12The Registry will scan and upload the affidavits filed by the petitioner.
APRIL 26, 2018 neelam
* + W.P.(C) 2178/2018 & CM APP No. 8998/2018
CARETEL INFOTECH LTD.
..... Petitioner
Through: Mr.Sanjeev Sagar, Adv.
UNION OF INDIA
..... Respondent
Through: Mr.Anurag Ahluwalia, CGSC.
%
26.04.2018
¶1Learned counsel for the respondent seeks further time to file a counter affidavit. Let needful be done within two weeks from today.
¶2Rejoinder thereto, if any, be filed before the next date of hearing.
¶3Renotify the matter on 27.08.2018.
APRIL 26, 2018 neelam * + W.P.(C) 156/2018 & CM APP No. 644/2018
M/S CRYSTAL CROP PROTECTION PVT. LTD...... Petitioner
Through: Mr.Gaurav Barathi, Adv.
UNION OF INDIA AND ANR
..... Respondents Through: Mr.Kirtiman Singh, CGSC with Mr.Waize Ali Noor, Adv.
+ W.P.(C) 163/2018 & CM APP No. 704/2018
M/S CRYSTAL CROP PROTECTION PVT. LTD...... Petitioner
Through: Mr.Gaurav Barathi, Adv.
UNION OF INDIA AND ANR.
..... Respondents Through: Mr.Kirtiman Singh, CGSC with Mr.Waize Ali Noor, Adv.
+ W.P.(C) 164/2018 & CM APP No. 706/2018
M/S CRYSTAL CROP PROTECTION PVT. LTD...... Petitioner
Through: Mr.Gaurav Barathi, Adv.
UNION OF INDIA AND ANR.
..... Respondents Through: Mr.Kirtiman Singh, CGSC with Mr.Waize Ali Noor, Adv.
W.P.(C) 156/2018, W.P.(C) 163/2018, W.P.(C) 164/2018, W.P.(C) 165/2018, W.P.(C) 166/2018, W.P.(C) 171/2018 and W.P.(C) 176/2018
1 of 3 + W.P.(C) 165/2018 & CM APP No. 708/2018
M/S CRYSTAL CROP PROTECTION PVT. LTD...... Petitioner
Through: Mr.Gaurav Barathi, Adv.
UNION OF INDIA AND ANR
..... Respondents Through: Mr.Kirtiman Singh, CGSC with Mr.Waize Ali Noor, Adv.
+ W.P.(C) 166/2018 & CM APP No. 710/2018
M/S CRYSTAL CROP PROTECTION PVT. LTD...... Petitioner
Through: Mr.Gaurav Barathi, Adv.
UNION OF INDIA AND ANR
..... Respondents Through: Mr.Kirtiman Singh, CGSC with Mr.Waize Ali Noor, Adv.
+ W.P.(C) 171/2018 & CM APP No. 719/2018
M/S CRYSTAL CROP PROTECTION PVT. LTD...... Petitioner
Through: Mr.Gaurav Barathi, Adv.
UNION OF INDIA AND ANR
..... Respondents Through: Mr.Kirtiman Singh, CGSC with Mr.Waize Ali Noor, Adv.
+ W.P.(C) 176/2018 & CM APP No. 731/2018
M/S CRYSTAL CROP PROTECTION PVT. LTD...... Petitioner
Through: Mr.Gaurav Barathi, Adv.
W.P.(C) 156/2018, W.P.(C) 163/2018, W.P.(C) 164/2018, W.P.(C) 165/2018, W.P.(C) 166/2018, W.P.(C) 171/2018 and W.P.(C) 176/2018
2 of 3
UNION OF INDIA AND ANR
..... Respondents Through: Mr.Kirtiman Singh, CGSC with Mr.Waize Ali Noor, Adv.
%
26.04.2018
¶1Mr. Barathi, who appears for the petitioner, informs me that a final decision has been rendered by the Appellate Authority in Appeal Nos.10, 11 and 13 to 17 of 2017. A copy of the order 24.04.2018, passed by the Appellate Authority, has been shown to me, in Court, today.
¶2Given this circumstance, Mr. Barathi, submits that he would like to withdraw the captioned writ petition and move afresh to assail the said order.
¶3Liberty in that behalf is granted.
¶4Writ petition is dismissed as withdrawn with liberty, as prayed.
APRIL 26, 2018 neelam
W.P.(C) 156/2018, W.P.(C) 163/2018, W.P.(C) 164/2018, W.P.(C) 165/2018, W.P.(C) 166/2018, W.P.(C) 171/2018 and W.P.(C) 176/2018
3 of 3 * + W.P.(C) 4267/2018
PANKAJ SINGH AND ANR.
..... Petitioners
Through: Mr.Alok Tripathi, Adv.
UNION OF INDIA AND ORS.
..... Respondents Through: Mr.Ripu Daman Bhardwaj and Mr.Brajesh Kumar, Advs.
%
26.04.2018
CM No.16669/2018
¶1Allowed, subject to all just exceptions. W.P. (C) 4267/2018
¶2The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: Landbase Estate Management Services Pvt. Ltd. (hereinafter referred to as "Company"). The petitioners state that the company has not carried on business since 2013. 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.
W.P.(C) 4267/2018
1 of 3
¶4In this matter, I am informed by the learned counsel for the official respondents 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.
¶5Counsel for writ petitioner is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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 will deposit, if not deposited already, a 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.
W.P.(C) 4267/2018
2 of 3
¶7The writ petitioner will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶8Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶9Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶10It is made clear that if there is any other company, apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶11Pending application(s), if any, shall stand closed.
¶12Dasti under signatures of the Court master.
APRIL 26, 2018 Neelam
W.P.(C) 4267/2018
3 of 3 * + W.P.(C) 4268/2018
VINOD PAL AND ANR.
..... Petitioners Through: Mr.Sushant Kumar, Ms. Shikha Singh and Mr.Anitesh Sharma, Advs.
UNION OF INDIA AND ORS.
..... Respondents
Through: Ms.Bharathi Raju, CGSC for R1&2.
%
26.04.2018
CM No. 16671/2018
¶1Allowed, subject to all just exceptions. W.P.(C) 4268/2018
¶2The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: Evergreen Fashions Private Limited (hereinafter referred to as "Company"). The petitioners state that the company has not carried on business since the past 6 years. 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.
W.P.(C) 4268/2018
1 of 3
¶4In this matter, I am informed by the learned counsel for the official respondents 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.
¶5Counsel for writ petitioner is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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 will deposit, if not deposited already, a 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.
W.P.(C) 4268/2018
2 of 3
¶7The writ petitioner will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶8Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶9Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶10It is made clear that if there is any other company, apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶11Pending application(s), if any, shall stand closed.
¶12Dasti under signatures of the Court master.
APRIL 26, 2018 neelam
W.P.(C) 4268/2018
3of 3 * + W.P.(C) 4269/2018
VIJAY PRATAP AND ANR.
..... Petitioners
Through: Mr.Rakesh Kumar, Adv.
REGISTRAR OF COMPANIES, DELHI AND ANR......Respondents Through: Mr.Manish Mohan, CGSC with Ms.Manisha Saroha, Adv.
%
26.04.2018
CM APP No. 16673/2018
¶1Allowed, subject to all just exceptions. W.P.(C) 4269/2018
¶2The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶3The petitioners claim that they were appointed as Directors on the Boards of companies by the names: Vaag Structures Private Limited and Bulk Bookings Private Limited (hereinafter referred to as "Companies"). The petitioners state that the companies have not carried on business since the date of their incorporation. Furthermore, the petitioners state that they had not filed the Companies' 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.
W.P.(C) 4269/2018
1 of 3
¶4In this matter, I am informed by the learned counsel for the official respondents 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.
¶5Counsel for writ petitioner is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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 will deposit, if not deposited already, a 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.
W.P.(C) 4269/2018
2 of 3
¶7The writ petitioner will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶8Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶9Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶10It is made clear that if there is any other company, apart from the subject companies mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶11Pending application(s), if any, shall stand closed.
¶12Dasti under signatures of the Court master.
APRIL 26, 2018 Neelam
W.P.(C) 4269/2018
3 of 3 * + W.P.(C) 4270/2018 & CM APP No. 16674/2018
RAJ KUMAR GUPTA & ORS
..... Petitioners
Through: Mr.Aditya Nayyar, Adv.
UNION OF INDIA & ORS
..... Respondents Through: Mr.B.S. Shukla, CGSC with Mr.Kamaldeep, Adv.
%
26.04.2018
CM APP No. 16675/2018
¶1Allowed, subject to all just exceptions. W.P.(C) 4270/2018
¶2At the request of learned counsel for the petitioners, renotify the matter on 27.04.2018.
APRIL 26, 2018 neelam * + W.P.(C) 4271/2018
MR. VIPIN CHADHA AND ORS.
..... Petitioners
Through: Mr.P.K.Mittal, Adv.
UNION OF INDIA AND ANR.
..... Respondents Through: Mr. Manish Mohan, CGSC with Ms.Manisha Saroha, Adv.
%
26.04.2018
CM APP No. 16677/2018
¶1Allowed, subject to all just exceptions. W.P.(C) 4271/2018 & CM APP No.16678/2018
¶2Issue notice. Mr. Manish Mohan, CGSC accepts notice on behalf of official respondents.
¶3Counsels are agreed that the issue raised in the present writ petition is covered by the order dated 20.04.2018 passed in various writ petitions including W.P.(C) No.3887/2018, titled: Prabuddha Choudhury vs. Registrar of Companies and Anr. In sum, the petitioners seek to revive the subject company i.e., RJ Developers Private Limited, by filing an appeal, if not already filed, before the NCLT under Section 252 of the Companies Act, 2013.
¶4Counsel for the petitioners says that qua the subject company, he seeks application of the directives contained in the aforementioned order, insofar as it concerns the petitioners.
¶5Accordingly, the writ petition is disposed of with the direction to the official respondents to apply the directives contained in Prabuddha Choudhury (Supra).
¶6It is made clear that the directions contained in aforementioned order will apply mutatis mutandis to the petitioner(s) herein.
¶10It is made clear that if there is any other company, apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶7Dasti under the signatures of the Court Master.
APRIL 26, 2018 neelam * + W.P.(C) 4272/2018 & CM APP No. 16678/2018
MUKESH AGGARWAL AND ANR.
..... Petitioners
Through: Ms.Isha Bhalla, Adv. for P1&2.
REGISTRAR OF COMPANIES AND ORS. ..... Respondents
Through: Mr.D.P. Bhardwaj, CGSC for R1&2.
%
26.04.2018
CM APP No. 16678/2018
¶1Allowed, subject to all just exceptions. W.P.(C) 4272/2018 & CM APP No.16679/2018
¶2The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: Thomson Exim Private Limited (hereinafter referred to as "Company"). The petitioners state that the Company has not carried on business since the last few years. 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.
W.P.(C) 4272/2018
1 of 3
¶4In this matter, I am informed by the learned counsel for the official respondents 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.
¶5Counsel for writ petitioner is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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 will deposit, if not deposited already, a 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.
W.P.(C) 4272/2018
2 of 3
¶7The writ petitioner will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶8Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶9Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶10It is made clear that if there is any other company, apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶11Pending application(s), if any, shall stand closed.
¶12Dasti under signatures of the Court master.
APRIL 26, 2018 neelam
W.P.(C) 4272/2018
3 of 3 * + W.P.(C) 4273/2018
ROHIT KHAITAN AND ORS.
..... Petitioners
Through: Mr.Ashish Singh, Adv.
UNION OF INDIA AND ORS.
..... Respondents
Through: Ms.Saakshi Agrawal, Adv. for R1&2. Ms.Anju Gupta, Ms.Asha Aggarwal and Mr.R.C. Goel, Advs.
%
26.04.2018
CM Appl. 16681/2018 (for exemption)
¶1Allowed, subject to all just exceptions. W.P.(C) No.4273/2018 & CM Appl. 16680/2018
¶2Counsels are agreed that the issue raised in the present writ petition is covered by the order dated 26.04.2018 passed in various writ petitions including W.P.(C) No.4190/2018, titled: Vijay Arora vs. Union of India. In sum, the petitioners seek to avail of the benefits of Condonation of Delay Scheme, 2018.
2.1 Counsel for the petitioners says that qua the subject company i.e., Bharat Logitrans Private Limited, they seek application of directives contained in the aforementioned order.
¶3Accordingly, the writ petition is disposed of with the direction to the
W.P.(C) No.4273/2018
official respondents to apply the directives contained in Vijay Arora (Supra).
¶4It is made clear that the directions contained in aforementioned order will apply mutatis mutandis to the petitioner(s) herein.
¶5It is further made clear that if there is any other company, apart from the one(s) mentioned in the caption writ petition, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶6Pending application(s), if any, shall stand closed.
¶9Dasti under signatures of the Court master.
APRIL 27, 2018/ak
W.P.(C) No.4273/2018
* + W.P.(C) 4224/2018
HEMANT SHARMA AND ORS. ..... Petitioner
Through: Mr. Ketan Madan, Mr. Himanshu Harbola
UNION OF INDIA AND ORS. ..... Respondent
Through: Mr. Bhagvan Swarup Shukla, CGSC with Mr. Kamaldeep, Adv.
%
26.04.2018 W.P.(C) No.4224/2018 & CM Appl.16553/2018
¶1The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶2The petitioners claims that they was appointed as Directors on the Board of a company by the name: Kamaksha Renewable Power Project Private Limited (hereinafter referred to as "Company"). The petitioners state that no business activity has been carried out and no bank account has been operated since incorporation. Furthermore, the petitioners states that they had not filed the Company's financial statements and statutory returns as required under the extant provisions of law. The petitioners avers that it is on account of the aforementioned infraction of law that their names came to be included in the impugned list.
¶3In this matter, I am informed by the learned counsel for the official respondents 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.
¶4Counsel 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶5Accordingly, 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, a 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.
¶6The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P.
(C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶7Liberty, however, is given both to the petitioner(s) and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶8Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶9It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶10Pending application(s), if any, shall stand closed.
¶11Dasti under signatures of the Court master.
APRIL 26, 2018/mk
*
+ W.P.(C) 4238/2018 & CM APP Nos.16590-91/2018
SURINDER SINGH
..... Petitioner
Through : Mr. Nikhil Kumar, Adv.
UNION OF INDIA AND ORS.
..... Respondents Through : Mr. Bhagvan Swarup Shukla, CGSC with Mr. Kamaldeep, Adv.
%
26.04.2018 CM APP No.16590/2018
¶1Allowed, subject to just exceptions. W.P.(C) 4238/2018 & CM APP No.16591/2018
¶2Issue notice. Mr. Bhagvan Swarup Shukla, accepts notice on behalf of official respondents.
¶3Counsels are agreed that the issue raised in the present writ petition is covered by the order dated 20.04.2018 passed in various writ petitions including W.P.(C) No.3887/2018, titled: Prabuddha Choudhury. Vs Registrar of Companies and Anr. In sum, the petitioner seeks to revive the subject companies by filing an appeal, if not already filed, before the NCLT under Section 252 of the Companies Act, 2013.
¶4Counsel for the petitioner says that qua the subject companies i.e., i. Dynamic Finvest Services Private Limited ii. Kala Realtech Private Limited iii. Akshaj Properties Private Limited iv. Akshaj Estates Private Limited v. Akshaj Builders Private Limited he seeks application of the directives contained in the aforementioned order, insofar as it concerns the petitioner.
4.1 To be noted, the captioned writ petition was heard on 25.04.2018, wherein at request of the counsel for the petitioners, the matter was renotified for
26.4.2018.
4.2 It is in this background that petitioners have filed affidavits dated
26.04.2018
¶5Accordingly, the writ petition is disposed of with the direction to the official respondents to apply the directives contained in Prabuddha Choudhury (Supra).
¶6It is made clear that the directions contained in aforementioned order will apply mutatis mutandis to the petitioner(s) herein.
¶7It is made clear that if there is any other company apart from the ones mentioned in paragraph 4 above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶8Pending application(s), if any, shall stand closed.
¶9Dasti under signatures of the Court master.
APRIL 26, 2018/mk *
+ W.P.(C) 4225/2018 & CM APP No.16555/2018
WON JUN KIM AND ANR.
..... Petitioners
Through : Ms. Arunima Dwivedi, Adv.
UNION OF INDIA AND ANR.
..... Respondents
Through : Mr. Bhagvan Swarup Shukla, CGSC.
%
26.04.2018
¶1The 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.
¶2The petitioners claim that they were appointed as Directors on the Board of company by the name: JMP Import Export 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.
¶3In 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.
¶4Counsel 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶5Accordingly, 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, a 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.
¶6The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P.
(C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶7Liberty, 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.
¶8Needless 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.
¶9It is made clear that if there is any other company apart from the one mentioned in paragraph 2 above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶10Pending application(s), if any, shall stand closed.
¶11Dasti under signatures of the Court master.
APRIL 26, 2018 mk *
+ W.P.(C) 4194/2018 & CM APP No.16477/2018
MANOJ KUMAR SHARMA AND ANR. ..... Petitioners Through : Mr. Ketan Madan, Mr. Himanshu Harbola and Mr. Satvik Bajaj, Advs.
UNION OF INDIA AND ORS.
..... Respondents
Through : Mr. Abhay Prakash Sahay, CGSC.
%
26.04.2018
¶2The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the respondents to the extent that it includes the names of the petitioners.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: Ujjwal Hydro Power Project 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.
¶4In this matter, I am informed by the learned counsel for the official respondents 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.
¶5Counsel 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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, a 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.
¶7The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P.
(C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶8Liberty, however, is given both to the petitioner(s) and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶9Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶10It is made clear that if there is any other company apart from the one mentioned in paragraph 3 above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶11Pending application(s), if any, shall stand closed.
¶12Dasti under signatures of the Court master.
APRIL 26, 2018 mk *
+ W.P.(C) 4193/2018 & CM APP No.16474/2018
RAAKHI SHARMA AND ANR.
..... Petitioners Through : Mr. Ketan Madan, Mr. Himanshu Harbola and Mr. Satvik Bajaj, Advs.
UNION OF INDIA AND ORS.
..... Respondents
Through : Mr. Abhay Prakash Sahay, CGSC.
%
26.04.2018
¶1The record shows that there are two petitioners and essentially two companies qua which relief is sought in the matter. Petitioners, it appears were appointed as Directors on the Board of Companies by the names: i. Kamaksha Hydro Power Private Limited (in short "KHPL"), and, ii. Dron Hydro Power Private Limited (in short "DHPL") It is also the case of the petitioner that since financial statements and statutory returns were not filed vis-a-vis KHPL and DHPL their names were struck off from the register of companies. Resultantly, the names of the petitioners were included in the list of disqualified Directors for financial year 2014-16.
¶2In so far as DHPL is concerned counsels are agreed that the issue raised in the present writ petition is covered by the order dated 20.04.2018 passed in various writ petitions including W.P.(C) No.3887/2018, titled: Prabuddha Choudhury. Vs Registrar of Companies and Anr. In sum, the petitioner seeks to revive DHPL by filing an appeal, if not already filed, before the NCLT under Section 252 of the Companies Act, 2013.
¶3Counsel for the petitioner says that qua the subject company i.e., DHPL he seeks application of the directives contained in the aforementioned order, insofar as it concerns the petitioner.
3.1. Accordingly, the directions are given to the official respondents to apply the directives contained in Prabuddha Choudhury (Supra).
3.2. It is made clear that the directions contained in aforementioned order will apply mutatis mutandis to the petitioner(s) herein.
¶4In so far as KHPL is concerned, the petitioners, in line with orders passed by this Court, is disposed of in terms of the following directions:- KHPL
(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, a 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. DHPL i. As an when the NCLT passes an order of revival, the petitioners will have liberty to avail off the benefits of Condonation of Delay Scheme, 2018.
¶5It is made clear that if there is any other company apart from the one mentioned in paragraph 1 above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶6Dasti under signatures of the Court master.
APRIL 26, 2018 mk *
+ W.P.(C) 4226/2018 & CM APP No.16557/2018
RAMESH GUPTA
..... Petitioner
Through : Mr. Avadh Kaushik, Adv.
UNION OF INDIA AND ANR.
..... Respondents Through : Mr. Manish Mohan and Mr. Bhagvan Swarup Shukla, CGSCs with Mr. Kamaldeep, Adv.
%
26.04.2018
¶1The petitioner 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 name of the petitioner.
¶2The petitioner claims that he was appointed as a Director on the Board of companies namely:- i. Crystal Restaurant and Banquet Private Limited (in short "CRBPL"), and, ii. Hallmark Media Private Limited (in short "HMPL") (hereinafter referred to as "Companies"). The learned counsel for the petitioner states that the Companies have not carried out any business for the past two years and that its bank account has not been operated. Furthermore, the petitioner states that he had not filed the Companys' financial statements and statutory returns as required under the extant provisions of law. The petitioner avers that it is on account of the aforementioned infraction of law that his name came to be included in the impugned list.
2.1 To be noted, the captioned writ petition was heard on 25.04.2018, wherein the counsel for the petitioners sought time to file an additional affidavit bringing on record as to the compliances made to have the Companies voluntarily struck off from the Register of Companies.
2.2 It is in this background that petitioners have filed affidavit dated
26.04.2018 via diary no. 119811.
¶3In 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.
¶4Counsel 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶5Accordingly, 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, a 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.
¶6The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P.
(C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶7Liberty, 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.
¶8Needless 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.
¶9It is made clear that if there is any other company apart from the one mentioned in paragraph 2 above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶10Pending application(s), if any, shall stand closed.
¶11Dasti under signatures of the Court master.
APRIL 26, 2018 mk *
+ W.P.(C) 4167/2018 & CM APP No.16358/2018
MANOJ KUMAR
..... Petitioner
Through : Mr. Avadh Kaushik, Adv.
UNION OF INDIA AND ANR.
..... Respondents
Through : Mr. Manish Mohan, CGSC
%
26.04.2018
¶1The petitioner 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 name of the petitioner.
¶2The petitioner claims that he was appointed as a Director on the Board of companies namely:- iii. Crystal Restaurant and Banquet Private Limited (in short "CRBPL"), and, iv. Hallmark Media Private Limited (in short "HMPL") (hereinafter referred to as "Companies"). The learned counsel for the petitioner states that the Companies have not carried out any business for the past two years and that its bank account has not been operated. Furthermore, the petitioner states that he had not filed the Companys' financial statements and statutory returns as required under the extant provisions of law. The petitioner avers that it is on account of the aforementioned infraction of law that his name came to be included in the impugned list.
2.1 To be noted, the captioned writ petition was heard on 25.04.2018, wherein the counsel for the petitioners sought time to file an additional affidavit bringing on record as to the compliances made to have the Companies voluntarily struck off from the Register of Companies.
2.2 It is in this background that petitioners have filed affidavit dated
26.04.2018 via diary no. 119810.
¶3In 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.
¶4Counsel 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶5Accordingly, 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, a 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.
¶6The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P.
(C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶7Liberty, 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.
¶8Needless 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.
¶9It is made clear that if there is any other company apart from the one mentioned in paragraph 2 above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶10Pending application(s), if any, shall stand closed.
¶11Dasti under signatures of the Court master.
APRIL 26, 2018 mk *
+ W.P.(C) 4017/2018 & CM APP Nos.15844-45/2018
WON JUN KIM AND ANR.
..... Petitioners
Through : Ms. Arunima Dwivedi, Adv.
UNION OF INDIA AND ANR.
..... Respondents Through : Mr. Dev P. Bhardwaj, CGSC with Mr. Kanishk Arora, Adv.
%
26.04.2018 CM APP No.15845/2018
¶1Allowed, subject to just exceptions. W.P.(C) 4017/2018 & CM APP No.15844/2018
¶2The 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.
2.1 To be noted, the captioned writ petition was heard on 25.04.2018, wherein the counsel for the petitioners sought time to file an additional affidavit bringing on record as to the compliances made to have JW Studio Private Limited voluntarily struck off from the Register of Companies.
2.2 It is in the background that petitioners have filed affidavits dated
25.04.2018.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: JW Studio 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.
¶4In 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.
¶5Counsel 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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, a 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.
¶7The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P.
(C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶8Liberty, 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.
¶9Needless 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.
¶10It is made clear that if there is any other company apart from the one mentioned in paragraph 3 above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶11Pending application(s), if any, shall stand closed.
¶12Dasti under signatures of the Court master.
APRIL 26, 2018 mk *
+ W.P.(C) 3956/2018 & CM APP No.15621/2018
JEETU SINGH
..... Petitioner
Through : Ms. Amrita Mishra, Adv.
UNION OF INDIA AND ORS.
..... Respondents
Through : Ms. Shiva Lakshmi, CGSC with Mr. Ruchir Ranjan Rai and Mr. Siddharth Singh, Advs.
%
26.04.2018
¶1Issue notice. Ms. Shiva Lakshmi, accepts notice on behalf of official respondents.
¶2Counsels are agreed that the issue raised in the present writ petition is covered by the order dated 20.04.2018 passed in various writ petitions including W.P.(C) No.3887/2018, titled: Prabuddha Choudhury. Vs Registrar of Companies and Anr. In sum, the petitioner seeks to revive the subject company by filing an appeal, if not already filed, before the NCLT under Section 252 of the Companies Act, 2013.
¶3Counsel for the petitioner says that qua the subject company i.e., Bright Foods and Chemicals Private Limited (hereinafter referred to as "Company"), he seeks application of the directives contained in the aforementioned order, insofar as it concerns the petitioner.
3.1 To be noted, the captioned writ petition was heard on 20.04.2018, wherein the counsel for the petitioners sought time to obtain instructions in the matter as to the compliances made to revive the Company, further which the matter was listed on 25.4.2018. On 25.4.2018, at request of the counsel for the petitioner, the matter was renotified for 26.4.2018.
3.2 It is in the background that petitioners have filed affidavits dated
25.04.2018
¶4Accordingly, the writ petition is disposed of with the direction to the official respondents to apply the directives contained in Prabuddha Choudhury (Supra).
¶5It is made clear that the directions contained in aforementioned order will apply mutatis mutandis to the petitioner(s) herein.
¶6It is made clear that if there is any other company apart from the one mentioned in paragraph 3 above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶7Pending application(s), if any, shall stand closed.
¶8Dasti under signatures of the Court master.
APRIL 26, 2018 mk *
+ W.P.(C) 3919/2018 & CM APP No.15512/2018
KARAN SHARMA
..... Petitioner
Through : Ms. Amrita Mishra, Adv.
UNION OF INDIA AND ORS.
..... Respondents
Through : Ms. Shiva Lakshmi, CGSC with Mr. Ruchir Ranjan Rai and Mr. Siddharth Singh, Advs.
%
26.04.2018
¶1Issue notice. Ms. Shiva Lakshmi, accepts notice on behalf of official respondents.
¶2Counsels are agreed that the issue raised in the present writ petition is covered by the order dated 20.04.2018 passed in various writ petitions including W.P.(C) No.3887/2018, titled: Prabuddha Choudhury. Vs Registrar of Companies and Anr. In sum, the petitioner seeks to revive the subject company by filing an appeal, if not already filed, before the NCLT under Section 252 of the Companies Act, 2013.
¶3Counsel for the petitioner says that qua the subject company i.e., Bright Foods and Chemicals Private Limited (hereinafter referred to as "Company"), he seeks application of the directives contained in the aforementioned order, insofar as it concerns the petitioner.
3.1 To be noted, the captioned writ petition was heard on 20.04.2018, wherein the counsel for the petitioners sought time to obtain instructions in the matter as to the compliances made to revive the Company, further which the matter was listed on 25.4.2018. On 25.4.2018, at request of the counsel for the petitioner, the matter was renotified for 26.4.2018.
3.2 It is in the background that petitioners have filed affidavits dated
25.04.2018
¶4Accordingly, the writ petition is disposed of with the direction to the official respondents to apply the directives contained in Prabuddha Choudhury (Supra).
¶5It is made clear that the directions contained in aforementioned order will apply mutatis mutandis to the petitioner(s) herein.
¶6It is made clear that if there is any other company apart from the one mentioned in paragraph 3 above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶7Pending application(s), if any, shall stand closed.
¶8Dasti under signatures of the Court master.
APRIL 26, 2018 mk *
+ W.P.(C) 4260/2018 & CM APP Nos.16651-52/2018
ASHOK KUMAR MISHRA AND ANR.
..... Petitioners
Through : Mr. Rajiv Shankar Dvivedi and Mr. Shushant K. Sarkar, Advs.
UNION OF INDIA AND ANR.
..... Respondents
Through : Mr. Gaurang Kanth, CGSC.
%
26.04.2018 CM APP No.16651/2018
¶1Allowed, subject to just exceptions. W.P.(C) 4260/2018 & CM APP No.16652/2018
¶2The 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.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: Know Design India 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.
3.1 A perusal of the master data of the Company shows that there are 3 Directors on the Board of the Company, whereas, the learned counsel for the petitioner informs that the third Director, Mr. Olivier Pierre Luc Vecchierini has resigned from the Board of the Company.
3.2 It is in this background that petitioners have filed affidavit dated
26.04.2018.
¶4In 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.
¶5Counsel 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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, a 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.
¶7The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P.
(C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶8Liberty, 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.
¶9Needless 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.
¶10It is made clear that if there is any other company apart from the one mentioned in paragraph 3 above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶11Pending application(s), if any, shall stand closed.
¶12Dasti under signatures of the Court master.
APRIL 26, 2018 mk *
+ W.P.(C) 3913/2018 & CM APP No.15434/2018
SHEEL RATAN
..... Petitioner
Through : Ms. Amrita Mishra, Adv.
UNION OF INDIA AND ORS. ..... Respondents
Through : Ms. Shiva Lakshmi, CGSC with Mr. Ruchir Ranjan Rai and Mr. Siddharth Singh, Advs.
%
26.04.2018
¶1The petitioner 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.
¶2The petitioner claim that they were appointed as Directors on the Board of company by the name: Good Morning Buildwell Private Limited (hereinafter referred to as "Company"). The learned counsel for the petitioner 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 petitioner state that they had not filed the Company's financial statements and statutory returns as required under the extant provisions of law. The petitioner aver that it is on account of the aforementioned infraction of law that their names came to be included in the impugned list.
2.1 To be noted, the captioned writ petition was heard on 25.04.2018, wherein the counsel for the petitioner sought time to file an additional affidavit bringing on record as to the compliances made to have Company voluntarily struck off from the Register of Companies.
2.2 It is in the background that petitioner have filed affidavits dated 25.04.2018 via diary no. 118911.
¶3In 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.
¶4Counsel 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶5Accordingly, 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, a 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.
¶6The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P.
(C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶7Liberty, 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.
¶8Needless 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.
¶9It is made clear that if there is any other company apart from the one mentioned in paragraph 2 above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶10Pending application(s), if any, shall stand closed.
¶11Dasti under signatures of the Court master
APRIL 26, 2018 mk *
+ W.P.(C) 4286/2018 & CM APP Nos.16706-07/2018
MALAYA RANJAN BEHERA AND ORS ..... Petitioners
Through: Mr. S.P. Singh Chawla, Adv.
UNION OF INDIA AND ORS.
..... Respondents Through : Mr. Bhagvan Swarup Shukla, CGSC with Mr. Kamaldeep, Adv.
%
26.04.2018 CM APP No.16707/2018
¶1Allowed, subject to just exceptions. W.P.(C) 4286/2018 & CM APP No.16706/2018
¶2The 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.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: Anuna Herbals 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.
¶4In 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.
¶5Counsel 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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, a 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.
¶7The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P.
(C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶8Liberty, 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.
¶9Needless 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.
¶10It is made clear that if there is any other company apart from the one mentioned in paragraph 3 above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶11Pending application(s), if any, shall stand closed.
¶12Dasti under signatures of the Court master.
APRIL 26, 2018 mk *
+ W.P.(C) 4283/2018 & CM Nos.16702-03/2018
SH. VED PARKASH YADAV AND ORS. ..... Petitioners
Through : Mr. Ajay Singh, Adv.
UNION OF INDIA AND ANR.
.... Respondents
Through : Mr. Manish Mohan, CGSC
%
26.04.2018 CM No.16703/2018
¶1Allowed, subject to just exceptions. W.P.(C) 4283/2018 & CM No.16702/2018
¶2The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶3The petitioners claim that they were appointed as Directors on the Boards of companies by the name: Aravalli Properties Limited, Rishi Properties Limited & Chiranji Properties Limited (hereinafter referred to as "Companies").
¶4Furthermore, the petitioners state that they had not filed the 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.
W.P.(C) No.4283/2018
¶5In this matter, I am informed by the learned counsel for the official respondents 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.
¶6Counsel 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶7Accordingly, 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, a 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.
W.P.(C) No.4283/2018
¶8The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶9Liberty, however, is given both to the petitioner(s) and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶10Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶11Pending application(s), if any, shall stand closed.
¶12Dasti under signatures of the Court master.
APRIL 26, 2018 mk
W.P.(C) No.4283/2018
*
+ W.P.(C) 4280/2018 & CM APP Nos.16698-99/2018
ANUPAM ATTRI AND ANR.
..... Petitioners
Through : Mr. S.P. Singh Chawla, Adv.
UNION OF INDIA AND ORS. ..... Respondents Through : Mr. Bhagvan Swarup Shukla, CGSC with Mr. Kamaldeep, Adv.
%
26.04.2018 CM APP No.16699/2018
¶1Allowed, subject to just exceptions. W.P.(C) 4280/2018 & CM APP No.16698/2018
¶2The 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.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: Ishu Constructions 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.
¶4In 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.
¶5Counsel 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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, a 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.
¶7The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P.
(C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶8Liberty, 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.
¶9Needless 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.
¶10Pending application(s), if any, shall stand closed.
¶11Dasti under signatures of the Court master.
APRIL 26, 2018 mk *
+ W.P.(C) 4279/2018 & CM APP Nos.16695-96/2018
SHEKHAR KEJRIWAL AND ORS.
..... Petitioners
Through : Mr. Prashant Kumar and Mr. Ajay Sharma, Advs.
UNION OF INDIA AND ANR.
..... Respondents Through : Mr. Gaurang Kanth, CGSC.
%
26.04.2018 CM APP No.16695/2018
¶1Allowed, subject to just exceptions. W.P.(C) 4279/2018 & CM APP No.16696/2018
¶2The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: Mahadevi Rugs Pvt. Ltd. (hereinafter referred to as "Company").
¶4Furthermore, the petitioners state that the company has not started business since its incorporation and has not filed the 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
W.P.(C) No.4279/2018
included in the impugned list.
¶5In this matter, I am informed by the learned counsel for the official respondents 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.
¶6Counsel 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶7Accordingly, 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, a 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. W.P.(C) No.4279/2018
¶8The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶9Liberty, however, is given both to the petitioner(s) and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶10Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶11Pending application(s), if any, shall stand closed.
¶12Dasti under signatures of the Court master.
APRIL 26, 2018 mk
W.P.(C) No.4279/2018
*
+ W.P.(C) 4043/2018
OBAID AHMAD AND ORS.
..... Petitioners Through : Mr. Shailendra Singh and Ms. Rachita Garg, Advs.
UNION OF INDIA AND ORS.
..... Respondents
Through : Mr. P.S. Singh, Sr. Adv. with Ms. Saakshi Agrawal, Adv. for R-1&2.
%
26.04.2018
¶1The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶2The petitioners claim that they were appointed as Directors on the Board of company by the name: SHO Designers Collection Private Limited (hereinafter referred to as "Company"). The company has not carried out any business for the past 3 years and its bank account is also not in operation for the past 3 years. 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.
¶3In this matter, I am informed by the learned counsel for the official respondents that the issues raised in the captioned matter are similar to those W.P.(C) No.4043/2018
issues which have been raised before Division Bench-I in various matters pending before it.
¶4Counsel 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶5Accordingly, 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, a 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.
¶6The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors. W.P.(C) No.4043/2018
¶7Liberty, however, is given both to the petitioner(s) and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶8Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶9It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶10Pending application(s), if any, shall stand closed.
¶11Dasti under signatures of the Court master.
APRIL 26, 2018 mk
W.P.(C) No.4043/2018
*
+ W.P.(C) 4277/2018 & CM APP Nos.16689-90/2018
NITENDRA TIWARI AND ANR.
..... Petitioners Through : Mr. Ketan Madan and Mr. Pankaj Khullar, Advs.
UNION OF INDIA AND ORS.
..... Respondents
Through : Mr. Rajesh Gogna, CGSC with Mr. Ms. L. Gangmei, Adv. for R-1&2.
%
26.04.2018 CM APP No.16690/2018
¶1Allowed, subject to just exceptions. W.P.(C) 4277/2018 & CM APP No.16689/2018
¶2The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: M.H.Engineering Private Limited (hereinafter referred to as "Company"). The petitioners state that the company was incorporated in 2008 and to date no transaction has taken place in the company.
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.
¶4In this matter, I am informed by the learned counsel for the official respondents 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.
¶5Counsel 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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, a 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.
¶7The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶8Liberty, however, is given both to the petitioner(s) and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶9Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶10It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶11Pending application(s), if any, shall stand closed.
¶12Dasti under signatures of the Court master.
APRIL 26, 2018 mk
*
+ W.P.(C) 4276/2018 & CM APP Nos.16687-88/2018
SRIVALLABHA VENKATA VISWANATHAM SRIPADA AND ANR.
..... Petitioners
Through : Mr. Sourav Roy, Adv.
UNION OF INDIA AND ORS.
..... Respondents
Through : Mr. Vivek Goyal, CGSC with Mr. Rajeev Ranjan Shahi and Mr. Harsh Pandit, Advs. for UOI.
%
26.04.2018 CM APP No.16688/2018
¶1Allowed, subject to just exceptions. W.P.(C) 4276/2018 & CM APP No.16687/2018
¶2The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: Shree Giri Television Networks Limited (hereinafter referred to as "Company"). The company has been inoperative since its incorporation and no transaction or business has been carried out since 2006.
W.P.(C) No.4276/2018
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.
¶4In this matter, I am informed by the learned counsel for the official respondents 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.
¶5Counsel 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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, a 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.
W.P.(C) No.4276/2018
(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.
¶7The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶8Liberty, however, is given both to the petitioner(s) and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶9Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶10It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶11Pending application(s), if any, shall stand closed.
¶12Dasti under signatures of the Court master.
APRIL 26, 2018 mk
W.P.(C) No.4276/2018
*
+ W.P.(C) 4274/2018 & CM APP Nos.16682-84/2018
YUVRAJ SINGH & ORS
..... Petitioners
Through: Mr.Alok Tripathi, Adv.
UNION OF INDIA & ORS
..... Respondents
Through : Mr. Ripu Daman Bhardwaj and Mr. Brajesh Kumar, Advs. for R-1&2.
%
26.04.2018 CM APP No.16683/2018
¶1Allowed, subject to just exceptions. W.P.(C) 4274/2018 & CM APP No.16682/2018
¶2The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: Townscape Infraprojects Private Limited (hereinafter referred to as "Company"). The petitioners state that the company has not commenced any form of business activity since 2013 and no transaction was made thereafter. 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.
¶4In this matter, I am informed by the learned counsel for the official respondents 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.
¶5Counsel 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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, a 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.
¶7The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶8Liberty, however, is given both to the petitioner(s) and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶9Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶10It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶11Pending application(s), if any, shall stand closed.
¶12Dasti under signatures of the Court master.
APRIL 26, 2018 *
+ W.P.(C) 4220/2018
SHAILENDRA KUMAR
..... Petitioner Through : Mr. Ravi Prakash and Mr. Sandeep Malik, Advs.
UNION OF INDIA AND ORS.
..... Respondents Through : Mr. Sanjay Kumar and Mr. Gaurav Rohilla, Advs.
%
26.04.2018
At request of counsel for the petitioner, renotify the matter on
27.4.2018.
APRIL 26, 2018 mk
*
+ W.P.(C) 4282/2018 & CM APP No.16701/2018
VANDANA TATER
..... Petitioner
Through : Mr. Shobhan Mahanti, Adv.
UNION OF INDIA & ORS
..... Respondents
Through : Mr. Rajesh Gogna, CGSC with Ms. L. Gangmei, Adv.
%
26.04.2018 CM APP No.16701/2018
¶1Allowed, subject to just exceptions. W.P.(C) 4282/2018
¶2At request of counsel for the petitioner, renotify the matter on
27.4.2018.
APRIL 26, 2018 mk *
+ W.P.(C) 4284/2018 & CM APP No.16704/2018
ALOK SINGH TATER
..... Petitioner
Through : Mr. Shobhan Mahanti, Adv.
UNION OF INDIA AND ORS.
..... Respondents Through : Mr. Rajesh Gogna, CGSC with Ms. L. Gangmei, Adv.
%
26.04.2018 CM APP No.16704/2018
¶1Allowed, subject to just exceptions. W.P.(C) 4284/2018
At request of counsel for the petitioner, renotify the matter on
27.4.2018.
APRIL 26, 2018 mk *
+ W.P.(C) 3902/2017 & CM APP Nos.17174/2017, 17909/2017 & 26471/2017
RAM BRIKSH PRASAD & ORS
.... Petitioners
Through : Mr. Yatendra Sharma, Adv.
NCT DELHI THROUGH ITS SECRETARY & ORS
..... Respondents Through : Ms. Jyoti Taneja and Ms. Shruti Munjal, Advs.
+ W.P.(C) 4313/2017 & CM APP No.18786/2017
KALI CHARAN
..... Petitioner
Through : Mr. Yatendra Sharma, Adv.
GOVT OF NCT OF DELHI AND ORS.
..... Respondents Through : Mr. Devesh Singh, ASC (Civil) with Ms. Sukriti Ghai, Adv.
%
26.04.2018
At joint request of the parties, renotify the matters on 26.10.2018.
APRIL 26, 2018 mk *
+ W.P.(C) 3471/2018 & CM APP No.13690/2018
M/S AMBICA TRADEXPO PRIVATE LTD. THROUGH ITS DIRECTOR-VIKAS VASUDEVA
..... Petitioner
Through : Mr. Rishi Manchanda, Adv.
M/S KOTAK MAHINDRA PRIME LTD. ..... Respondent
Through : Mr. Vishal Rao, Adv,
%
26.04.2018
¶1Counsel for the petitioner says that a settlement has been reached with the respondent. However, report of the mediator does not appear to be on record.
¶2Accordingly, renotify the matter on 12.7.2018.
APRIL 26, 2018 *
+ W.P.(C) 4253/2018 & CM APP No.16627/2018
M/S BALAJI UDYOG AND ORS.
..... Petitioners
Through : Mr. Vivek Gupta, Adv.
CENTRAL GROUND WATER AUTHORITY (CGWA) AND ANR
..... Respondents Through: Mr. Ripu Daman Bhardwaj, CGSC with Mr. T.P. Singh, Adv. for R-1&2.
%
26.04.2018 CM APP No.16627/2018
¶1Allowed, subject to just exceptions. W.P.(C) 4253/2018
¶2Learned counsel for the petitioner, after some arguments seeks leave to withdraw the captioned writ petition with liberty to approach the appropriate forum.
¶3As prayed, the writ petition is dismissed as withdraw with liberty as sought for above.
APRIL 26, 2018 mk * + W.P.(C) 4342/2018
PEEYUSH DAYAL & ANR
..... Petitioners Through: Mr. Rajeev Ranjan Pandey with Mr. Manmohan, Advocates.
UNION OF INDIA AND ANR.
..... Respondents Through: Mr. Anil Soni, CGSC with Mr. Abhinav Tyagi, Advocate for R-1 and
2.
%
26.04.2018
¶1At request of counsel for the petitioner, renotify the matter on
27.4.2018.
APRIL 26, 2018 p * + W.P.(C) 4340/2018
TARUN GOYAL AND ORS.
..... Petitioner
Through: Mr. Sarvik Singhai, Advocate.
UNION OF INDIA AND ANR.
..... Respondents Through: Mr. Ripu Daman Bhardwaj, Advocate for R-1 & 2.
%
26.04.2018
C.M. No.16848/2018
¶1Allowed, subject to all just exceptions. W.P.(C) No.4340/2018 & C.M. No.16847/2018
¶2In this matter, I am informed by the learned ASG 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.
¶3Counsel 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶4Accordingly, 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 a 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 15.04.2018. 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.
¶5The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶6Liberty, however, is given both to the petitioner(s) and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶7Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶8It is made clear that if there is any other company apart from the subject Company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶9Pending application(s), if any, shall stand closed.
APRIL 26, 2018 p * + W.P.(C) 4288/2018
AJAY KUMAR VERMA AND ANR.
..... Petitioner
Through: Ms. Arunima Dwivedi, Advocate.
UNION OF INDIA AND ANR.
..... Respondents Through: Mr. Dev P. Bhardwaj, CGSC with Mr. Kanishk Arora, Advocate for R-1 & 2.
%
26.04.2018
¶1Renotify the matter on 27.4.2018.
APRIL 26, 2018 P * + W.P.(C) 4327/2014
SARWAN KUMAR
..... Petitioner
Through: Mr. Nitin Jain, Advocate.
UNION OF INDIA AND ANR
..... Respondents Through: Mr. Manish Mohan, CGSC with Mr. Satya Ranjan Swain, GP and Mr. Manish Saroha, Advocate.
%
26.04.2018
¶1Mr. Manish, learned counsel for the respondents submits that he will have the matter examined in the light of the judgment dated 16.9.2010 passed by a Single Judge of this Court, in W.P.(C) No.10185/2009, titled: Shyam Lal vs. Union of India and Ors.
¶2As a matter of fact, this was put to the respondents as far back as on
16.7.2014.
¶3Renotify the matter on 17.8.2018.
APRIL 26, 2018 p * + W.P.(C) 4721/2011
FRICK INDIA LTD
..... Petitioner Through: Ms. Shobha with Ms. Satyani Saikia, Advocates.
UOI AND ORS
..... Respondents Through: Mr. Ruchir Mishra with Mr. Mukesh Tiwari and Mr. Abhishek Rana, Advocates for R-1 & 2.
Mr. S.K. Dhingra with Ms. Shefali Mitra, Advocates for R-3.
%
26.04.2018
¶1Counsel for respondent nos.1 and 2 says that he will file his written submissions. Let the needful be done within 4 weeks from today.
¶2To be noted, the petitioner and respondent no.3 have already filed their written submissions.
¶3Accordingly renotify the matter on 26.9.2018.
APRIL 26, 2018 p * + W.P.(C) 6813/2016
INDRAPRASTHA GAS LIMITED
..... Petitioner Through: Mr. Saurav Agrawal with Mr. Hitabhilash Mohanty, Advocates.
MICRO AND SMALL ENTTERPRISES FACILITATION COUNCIL & ORS
..... Respondents Through: Mr. Ajay Paul, advocate along with Gagan Parashar, MD of R-2.
%
26.04.2018
¶1No time left.
¶2It is already 6.00 PM.
¶3Renotify the matter on 28.9.2018.
APRIL 26, 2018 p * + W.P.(C) 610/2013
SH. PURAN MULTIMEDIA LTD
..... Petitioner Through: Mr. K. Datta with Mr. Ashish Verma, Advocates.
UNION OF INDIA AND ORS
..... Respondents Through: Mr. Amit Mahajan, CGSC with Mr. Rajesh Kumar and Mr. Siddharth Rathore, Advocates for UOI.
Mr. Neel Mason with Ms. Ridhima Pabbi, Advocates for R-3. + W.P.(C) 5312/2013
DHAMAAL 24 RADIO NETWORK LIMITED ..... Petitioner Through: Mr. Utkarsh Chanana with Ms. Rupsha Banerjee, Advocates.
UNION OF INDIA & OTHERS
..... Respondents Through: Mr. Rajesh Kumar with Mr. Siddharth Rathore, Advocates for UOI.
Mr. Pragyan Pradip Sharma with Ms. Anandini Kumari, Advocates for R-2.
Mr. Neeraj Kr. Gupta with Mr. Ranjeet Kr. Singh, Advocates for R-3. + W.P.(C) 9323/2015
HT MUSIC AND ENTERTAINMENT CO. LTD. ..... Petitioner Through: Mr. Utkarsh Chanana with Ms. Rupsha Banerjee, Advocates.
UNION OF INDIA & ANR
..... Respondents Through: Mr. Sanjeev Narula, CGSC with Ms. Anumita Chandra, Advocate for UOI.
Mr. Pragyan Pradip Sharma with Ms. Anandini Kumari, Advocates for R-2.
%
26.04.2018
¶1At request of learned counsel for the parties, renotify the matters on
20.08.2018.
¶2In the meanwhile, Mr. Narula will revert with instructions with regard to the appointment of members of the IPAB, as presently, the power to decide the issues raised in the captioned matter is vested in that authority. For this purpose, reliance is placed on section 11 of the Copyright Act, 1957 as amended by Finance Act, 2017 w.e.f. 26.05.2017.
APRIL 26, 2018 p
* + W.P.(C) 2743/2018
NATIONAL COOPERATIVE UNION OF INDIA ..... Petitioner Through: Ms. Anju Bhattacharya with Mr. Omprakash, Mr. Rajeev , Mr.Pradeep Kr. Tripathi, Mr. Abhimanyu and Mr. Ankit Panwar.
UNION OF INDIA & ANR
..... Respondents Through: Mr. Sanjeev Narula, CGSC with Ms. Anumita Chandra, Advocate for UOI.
%
26.04.2018
¶1Ms. Bhattacharya, learned counsel for the petitioner, states that she received a copy of the counter affidavit, only, yesterday and, therefore, would require time to file a rejoinder in the matter. Let the needful be done within 3 weeks from today.
¶2The request is acceded to.
¶3Renotify the matter on 25.7. 2018.
APRIL 26, 2018 p * + W.P.(C) 3740/2018
SURENDER KUMAR SHARMA
..... Petitioner
Through: Ms. Prachi Johri, Adv.
UNION OF INDIA & ORS
..... Respondents Through: Mr.Sanjay Kumar with Ms. Kalpana Devi, Advs. for R1&2.
%
26.04.2018
CM Appl. 14796/2018 (for exemption)
¶1Allowed, subject to all just exceptions. W.P.(C) No.3740/2018 & CM Appl. 14795/2018
¶2The petitioner has filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the name of the petitioner.
2.1 To be noted, the captioned writ petition was heard on 17.04.2018, wherein the counsel for the petitioner sought time to file an additional affidavit bringing on record as to the whether the persons, who are not petitioners before this Court, but are Directors on the Board of the company referred to hereafter, would want to join the petition.
2.2 It is in this background that petitioner has filed a copy of trail mails exchanged between him and the other Directors dated 24.04.2018.
¶3The petitioner claims that he was appointed as a Director on the Board of W.P.(C) 3740/2018
1 of 3 company by the name: Adrett Homes Ltd. (hereinafter referred to as "ADL"). Furthermore, the petitioner states that he had not filed the ADL's financial statements and statutory returns as required under the extant provisions of law. The petitioner avers that on account of the aforementioned infraction of law that his name came to be included in the impugned list.
¶4In this matter, I am informed by the learned counsel for the official respondents 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.
¶5Counsel for writ petitioner is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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 will deposit, if not deposited already, a 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. W.P.(C) 3740/2018
2 of 3
(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.
¶7The writ petitioner will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶8Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶9Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶10It is made clear that if there is any other company apart from the one mentioned in paragraph 3 above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶11Pending application(s), if any, shall stand closed.
¶12Dasti under signatures of the Court master.
APRIL 26, 2018 neelam
W.P.(C) 3740/2018
3 of 3 * + W.P.(C) 3975/2018
MUKUL NIRWAN
..... Petitioner
Through: Ms. Prachi Johri, Adv.
UNION OF INDIA AND ORS.
..... Respondents Through: Mr.B.S. Shukla, CGSC with Mr.Kamaldeep, Adv. for R1&2.
%
26.04.2018
CM Appl. 15697/2018 (for exemption)
¶1Allowed, subject to all just exceptions. W.P.(C) No.3975/2018 & CM Appl. 14696/2018
¶2The petitioner has filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioner.
2.1 To be noted, the captioned writ petition was heard on 23.04.2018, wherein the counsel for the petitioner sought time to file an additional affidavit bringing on record as to the whether the persons, who are not petitioners before this Court, but are Directors on the Board of the company referred to hereafter, would want to join the petition. However, the affidavit dated 24.04.2018, filed by petitioner, state that the Directors other than the petitioner, do not have any objection with regard to the reliefs sought by the petitioner herein.
¶3Issue notice. Mr. B.S. Shukla, accepts notice on behalf of the respondents.
¶4The petitioner claims that he was appointed as a Director on the Board of company by the name: Adrett Homes Ltd. (hereinafter referred to as "ADL"). Furthermore, the petitioner states that he had not filed the ADL's financial statements and statutory returns as required under the extant provisions of law. The petitioner avers that on account of the aforementioned infraction of law that his name came to be included in the impugned list.
¶5In this matter, I am informed by the learned counsel for the official respondents 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.
¶6Counsel for writ petitioner is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶7Accordingly, 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 will deposit, if not deposited already, a 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.
¶8The writ petitioner will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶9Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶10Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶11Pending application(s), if any, shall stand closed.
¶12The Registry will scan and upload the affidavit that has been filed by the petitioner.
¶13Dasti under signatures of the Court master.
APRIL 26, 2018 neelam
* + W.P.(C) 4033/2018
KIRTI JAIN
..... Petitioner
Through: Mr.Gaurav Varma, Adv.
UNION OF INDIA
..... Respondent Through: Ms.Shiva Lakshmi, Mr.Siddharth Singh and Mr.Ruchir Ranjan Rai, Advs.
%
26.04.2018
CM Appl. 15945/2018 (for exemption)
¶1Allowed, subject to all just exceptions. W.P.(C) No.4033/2018 & CM Appl. 15944/2018
¶2The petitioner has filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioner.
2.1 To be noted, the captioned writ petition was heard on 23.04.2018, wherein the counsel for the petitioner sought time to file an additional affidavit bringing on record as to the whether the persons, who are not petitioners before this Court, but are Directors on the Boards of the company referred to hereafter, would want to join the petition. However, the affidavit dated 23.04.2018, filed by petitioner, states that the Director other than the petitioner, does not have any objection with regard to the reliefs sought by the petitioner herein.
¶3The petitioner claims that he was appointed as a Director on the Board of company by the name: Jainam Petro Chem Private Limited (hereinafter referred to as "JPCP"). Furthermore, the petitioner states that JPCP has carried out no business since its inception and hence no financial statements and statutory returns have been filed since 2006-2007, as required under the extant provisions of law. The petitioner avers that on account of the aforementioned infraction of law that his name came to be included in the impugned list.
¶4In this matter, I am informed by the learned counsel for the official respondents 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.
¶5Counsel for writ petitioner is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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 will deposit, if not deposited already, a 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.
¶7The writ petitioner will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶8Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶9Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶10Pending application(s), if any, shall stand closed.
¶11Dasti under signatures of the Court master.
APRIL 26, 2018 neelam
* + W.P.(C) 4034/2018
MRS. VEENA DEVI AND ANR
..... Petitioner
Through Mr. Kanishk Aggarwal, Adv.
UNION OF INDIA AND ORS.
..... Respondents
Through Mr. Ajay Digpaul, CGSC
%
26.04.2018
CM No.15949/2018
¶1Allowed, subject to all just exceptions. W.P.(C) 4034/2018 & CM. APPL. No.15948/2018
¶2The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: VA Edutech Pvt. Ltd. (hereinafter referred to as "Company"). The petitioners state that the Company has not carried on any business for the past three years. 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.
¶4In this matter, I am informed by the learned counsel for the official respondents 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.
¶5Counsel for writ petitioner is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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 will deposit, if not deposited already, a 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.
¶7The writ petitioner will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶8Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶9Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶10Pending application(s), if any, shall stand closed.
¶11Dasti under signatures of the Court master.
APRIL 26, 2018 neelam
* + W.P.(C) 4068/2018
JOGINDER SINGH
..... Petitioner
Through: Mr. Shobhan Mahanti, Adv.
UNION OF INDIA & ORS
..... Respondents
Through: Mr.Gaurang Kanth, CGSC.
%
26.04.2018
CM No.16022/2018
¶1Allowed, subject to all just exceptions. W.P.(C) 4068/2018
¶2The 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.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: Peregrine Protection 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.
3.1 To be noted, the captioned writ petition was heard on 24.04.2018, wherein the counsel for the petitioners sought time to file an additional affidavit bringing on record as to the compliances made to have the Company voluntarily struck off from the Register of Companies.
3.2 It is in the background that petitioners have filed affidavits dated
25.04.2018 via diary no. 119000.
¶4In 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.
¶5Counsel 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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, a 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.
¶7The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P.
(C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶8Liberty, 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.
¶9Needless 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.
¶10It is made clear that if there is any other company apart from the one mentioned in paragraph 3 above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶11Pending application(s), if any, shall stand closed.
¶12Dasti under signatures of the Court master.
¶13The Registry will scan and upload the affidavits filed by the petitioner.
APRIL 26, 2018 neelam * + W.P.(C) 4123/2018
ZARINA ALAM AND ANR.
..... Petitioners Through: Mr.Shailendra Singh and Ms.Ruchira Garg, Advs.
UNION OF INDIA AND ORS.
..... Respondents
Through: Mr.Bharathi Raju, CGSC for R1&2.
%
26.04.2018
CM No.16234/2018
¶1Allowed, subject to all just exceptions. W.P.(C) 4123/2018
¶2The 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.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: Vega Creative Infosoft 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.
3.1 To be noted, the captioned writ petition was heard on 24.04.2018, wherein the counsel for the petitioners sought time to file an additional affidavit bringing on record as to the compliances made to have the Company voluntarily struck off from the Register of Companies.
3.2 It is in the background that petitioners have filed affidavits dated
25.04.2018 via diary no. 118633.
¶4In 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.
¶5Counsel 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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, a 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.
¶7The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P.
(C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶8Liberty, 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.
¶9Needless 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.
¶10It is made clear that if there is any other company apart from the one mentioned in paragraph 3 above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶11Pending application(s), if any, shall stand closed.
¶12Dasti under signatures of the Court master.
¶13The Registry will scan and upload the affidavits filed by the petitioner.
APRIL 26, 2018 neelam * + W.P.(C) 4125/2018
ZENAB ALAM AND ORS.
..... Petitioner Through: Mr.Shailendra Singh and Ms.Ruchira Garg, Advs.
UNION OF INDIA AND ORS.
..... Respondents Through: Mr.P.S. Singh, Sr. Adv. with Ms. Saakshi Agrawal, Adv. for R1&2.
%
26.04.2018
CM No.16238/2018
¶1Allowed, subject to all just exceptions. W.P.(C) 4125/2018
¶2The 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.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: Zenab Fashions 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.
3.1 To be noted, the captioned writ petition was heard on 24.04.2018, wherein the counsel for the petitioners sought time to file an additional affidavit bringing on record as to the compliances made to have the Company voluntarily struck off from the Register of Companies.
3.2 It is in the background that petitioners have filed affidavits dated
25.04.2018 via diary no. 118624.
¶4In 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.
¶5Counsel 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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, a 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.
¶7The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P.
(C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶8Liberty, 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.
¶9Needless 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.
¶10It is made clear that if there is any other company apart from the one mentioned in paragraph 3 above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶11Pending application(s), if any, shall stand closed.
¶12Dasti under signatures of the Court master.
¶13The Registry will scan and upload the affidavits filed by the petitioner.
APRIL 26, 2018 Neelam * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1560/2018
ANIL MALHOTRA AND ANR.
..... Petitioners Through: Mr.Ajay Garg and Mr.Kartikeya Goel, Advs.
UNION OF INDIA AND ORS.
..... Respondents
Through: Mr.Kirtiman Singh, CGSC.
%
26.04.2018 CM No.6402/2018
¶1Allowed, subject to all just exceptions. W.P.(C) 1560/2018
¶2The petitioners filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
2.1 To be noted, the captioned writ petition was heard on 18.04.2018, wherein the counsel for the petitioners sought time to file an additional affidavit bringing on record as to the compliances made to have Optimum Medical Devices Private Limited voluntarily struck off from the Register of Companies.
2.2 It is in the background that petitioners have filed affidavits dated
21.04.2018.
¶3The petitioners claim that they were appointed as Directors on the Board of
W.P.(C) 1560/2018
1 of 3
company by the name: Optimum Medical Devices Private Limited (hereinafter referred to as "Company"). The petitioners state that the Company has not been carrying on any business since the past four years. 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.
¶4In this matter, I am informed by the learned counsel for the official respondents 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.
¶5Counsel for writ petitioner is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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 will deposit, if not deposited already, a sum of
W.P.(C) 1560/2018
2 of 3 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.
¶7The writ petitioner will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶8Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶9Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶10It is made clear that if there is any other company apart from the one mentioned in paragraph 3 above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶11Pending application(s), if any, shall stand closed.
¶12Dasti under signatures of the Court master.
APRIL 26, 2018/neelam
W.P.(C) 1560/2018
3 of 3 *
CM APP No.16634/2018 in + W.P.(C) 2127/2018
DELHI FLYING CLUB
..... Petitioner
Through : Mr. Raghavendra M. Bajaj and Mr. Shreyas Mehrotra, Advs. along with Mr. A.K. Mohanty, Officiating Secretary.
UNION OF INDIA AND ORS.
..... Respondents Through : Mr. Digvijay Rai, Adv. with Mr. S. Dayal, GM (Law), Mr. Puneet Gupta, Airport Director and Mr. R.K. Khangwal, JSM (Law), AAI/R-2.
%
26.04.2018 CM APP No.16634/2018
¶1Mr. Rai says that he needs extension of time till 27.4.2018 for de-sealing the subject premises as he is in the process of filing an appeal. Mr. Bajaj says that he does not have any objection to the extension sought. The said statement is taken on record.
1.2 Paragraph 4.6(vi) will stand altered accordingly.
¶2Consequently, the application is disposed of.
APRIL 26, 2018 * + W.P.(C) 4247/2018 & CM No.16614/2018
SANJAY KUMAR SHARMA AND ANR ..... Petitioners Through: Mr.Mohit Gupta and Mr.Rahul Rajpal, Advs.
UNION OF INDIA AND ORS.
..... Respondents
Through: Mr.Amit Mahajan, CGSC/UOI
%
26.04.2018 CM No. 16615/2018
¶1Allowed, subject to all just exceptions. W.P.(C) 4247/2018
¶2The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: GSM Marketing Private Limited (hereinafter referred to as "Company"). The petitioners state that the Company has not been carrying on any business. 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.
¶4In this matter, I am informed by the learned counsel for the official respondents that the issues raised in the captioned matter are similar to those
W.P.(C) 4247/2018
1 of 3 issues which have been raised before Division Bench-I in various matters pending before it.
¶5Counsel for writ petitioner is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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 will deposit, if not deposited already, a 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.
¶7The writ petitioner will abide by the Division Bench-I order dated
W.P.(C) 4247/2018
2 of 3
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶8Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶9Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶10It is made clear that if there is any other company apart from the one mentioned in paragraph 3 above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶11Pending application(s), if any, shall stand closed.
¶12Dasti under signatures of the Court master.
APRIL 26, 2018/neelam
W.P.(C) 4247/2018
3 of 3 * + W.P.(C) 4250/2018
AJAY SINHJI JADEJA AND ORS.
..... Petitioners
Through: Mr.S.P. Singh Chawla, Adv.
UNION OF INDIA AND ORS.
..... Respondents Through: Mr.B.S. Shukla, CGSC with Mr.Kamaldeep, Adv.for UOI.
%
26.04.2018
CM APP No. 16622/2018
¶1Allowed, subject to all just exceptions. W.P.(C) 4250/2018
¶2The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: Jadeja Consultants Private Limited (hereinafter referred to as "Company"). The petitioners state that the Company has not carried on any business since 2005. 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.
W.P.(C) 4250/2018
1 of 3
¶3In this matter, I am informed by the learned counsel for the official respondents 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.
¶4Counsel for writ petitioner is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶5Accordingly, 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 will deposit, if not deposited already, a 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.
W.P.(C) 4250/2018
2 of 3
¶6The writ petitioner will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶7Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶8Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶9Pending application(s), if any, shall stand closed.
¶10It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶11Dasti under signatures of the Court master.
APRIL 26, 2018 neelam
W.P.(C) 4250/2018
3 of 3
* + W.P.(C) 4251/2018
ARVINDER SINGH AND ORS.
.... Petitioners
Through: Mr.Alok Tripathi, Adv.
UNION OF INDIA AND ORS.
..... Respondents Through: Mr.Ripu Daman Bhardwaj, Adv.
%
26.04.2018
CM APP No. 156625/2018
¶1Allowed, subject to all just exceptions. W.P.(C) 4251/2018
¶2The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: Evident Infrastructure Development Investment Limited (hereinafter referred to as "Company"). The petitioners state that the Company has not carried on business since 2007. 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.
¶4In this matter, I am informed by the learned counsel for the official W.P.(C) 4251/2018
1 of 3
respondents 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.
¶5Counsel for writ petitioner is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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 will deposit, if not deposited already, a 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.
W.P.(C) 4251/2018
2 of 3
¶7The writ petitioner will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶8Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶9Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶10It is made clear that if there is any other company apart from the subject Company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶11Pending application(s), if any, shall stand closed.
¶12Dasti under signatures of the Court master.
APRIL 26, 2018 neelam
W.P.(C) 4251/2018
3 of 3 * + W.P.(C) 4254/2018
SATANAM SINGH & ORS
..... Petitioners
Through: Mr.Alok Tripathi, Adv.
UNION OF INDIA & ORS
..... Respondents Through: Mr.Ripu Daman Bhardwaj, Adv.
%
26.04.2018
¶1The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶2Issue notice. Mr. Ripu Daman, accepts notice on behalf of the official respondents.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: Ram Ghanshayam Developers Pvt. Ltd. (hereinafter referred to as "Company"). The petitioners state that the Company has not commenced operations since 2009. Furthermore, the petitioners states 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.
¶4In this matter, I am informed by the learned counsel for the official respondents that the issues raised in the captioned matter are similar to those W.P.(C) 4254/2018
1 of 3 issues which have been raised before Division Bench-I in various matters pending before it.
¶5Counsel for writ petitioner is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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 will deposit, if not deposited already, a 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.
¶7The writ petitioner will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C)
W.P.(C) 4254/2018
2 of 3 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶8Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶9Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶10Pending application(s), if any, shall stand closed.
¶11It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶12Dasti under signatures of the Court master.
APRIL 26, 2018 neelam
W.P.(C) 4254/2018
3 of 3
* + W.P.(C) 4257/2018
SATBEER SINGH AND ORS.
..... Petitioners
Through: Mr.Alok Tripathi, Adv.
UNION OF INDIA AND ORS.
..... Respondents Through: Mr.Ripu Daman Bhardwaj with Mr.Brajesh Kumar, Adv.
%
26.04.2018
CM APP No. 16646/2018
¶1Allowed, subject to all just exceptions.
W.P.(C) 4257/2018
¶2The petitioners have filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the names of the petitioners.
¶3The petitioners claim that they were appointed as Directors on the Board of company by the name: HKS Developers Private Limited (hereinafter referred to as "Company"). The petitioners state that the Company has not carried on any business since 2009. 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.
W.P.(C) 4257/2018
1 of 3
¶3In this matter, I am informed by the learned counsel for the official respondents 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.
¶4Counsel for writ petitioner is 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶5Accordingly, 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 will deposit, if not deposited already, a 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.
W.P.(C) 4257/2018
2 of 3
¶6The writ petitioner will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶7Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶8Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶9Pending application(s), if any, shall stand closed.
¶10It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶11Dasti under signatures of the Court master.
APRIL 26, 2018 neelam
W.P.(C) 4257/2018
3 of 3
* + W.P.(C) 4258/2018 & CM APP No. 16647/2018
SHIWANI SINGH & ARN
..... Petitioner
Through: Mr.S.P. Singh Chawla, Adv.
Versus
UNION OF INDIA & ANR
..... Respondent Through: Mr.B.S. Shukla, CGSC with Mr.Kamaldeep, Adv.
%
26.04.2018
CM APP No. 16648/2018
¶1Allowed, subject to all just exceptions. W.P.(C) 4258/2018
¶2At the request of learned counsel for the petitioner, renotify the matter on 27.04.2018.
APRIL 26, 2018 neelam * + W.P.(C) 4259/2018
VIPIN AGARWAL
..... Petitioner
Through Mr. Pramod Kumar Singh, Adv.
REGISTRAR OF COMPANIES AND ANR. ..... Respondents
Through: Mr.Amit Mahajan, CGSC
%
26.04.2018
¶1The petitioner has filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the name of the petitioner.
¶2The petitioner claims that he was appointed as Director on the Board of company by the name: Rime Medicals Private Limited (hereinafter referred to as "Company"). The petitioner states that the Company has not carried on any business. Furthermore, the petitioner states that he had not filed the Company's financial statements and statutory returns as required under the extant provisions of law. The petitioner avers that it is on account of the aforementioned infraction of law that his name came to be included in the impugned list.
¶3In this matter, I am informed by the learned counsel for the official respondents 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.
¶4Counsel for writ petitioner is agreed that the interim directions passed by W.P.(C) 4259/2018
1 of 3 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶5Accordingly, 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 will deposit, if not deposited already, a 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.
¶6The writ petitioner will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶7Liberty, however, is given both to the petitioner and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment. W.P.(C) 4259/2018
2 of 3
¶8Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶9Pending application(s), if any, shall stand closed.
¶10It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶11Dasti under signatures of the Court master.
APRIL 26, 2018 neelam
W.P.(C) 4259/2018
3 of 3 * + W.P.(C) 3952/2018
FAHAD MOTI KHAN & ANR
..... Petitioners
Through: Mr. Rahul Malhotra with Ms. Snigdha, Advs.
UNION OF INDIA & ANR
..... Respondents
Through: Mr. Rakesh Kumar, CGSC.
%
26.04.2018
CM No.15618/2018
¶1Allowed, subject to all just exceptions.
W.P.(C) 3952/2018 & C.M. No. 15617
¶2Issue notice. Mr. Rakesh Kumar, CGSC accepts notice on behalf of the official respondents.
¶3Counsels are agreed that the issue raised in the present writ petition is covered by the order dated 20.04.2018 passed in various writ petitions including W.P.(C) No.3887/2018, titled: Prabuddha Choudhury vs. Registrar of Companies and Anr. In sum, the petitioners seek to revive the subject company i.e., T9L Technologies Private Limited, by filing an appeal, if not already filed, before the NCLT under Section 252 of the Companies Act, 2013. W.P.(C) 3952/2018
1 of 2
3.1. It is in this background that an affidavit dated 23.4.2018 has been filed in accordance with dated 20.4.2018 vide Diary no. 115894/2018.
¶4Counsel for the petitioners says that qua the subject company, he seeks application of the directives contained in the aforementioned order, insofar as it concerns the petitioners.
¶5Accordingly, the writ petition is disposed of with the direction to the official respondents to apply the directives contained in Prabuddha Choudhury (Supra).
¶6It is made clear that the directions contained in aforementioned order will apply mutatis mutandis to the petitioner(s) herein.
¶10It is made clear that if there is any other company, apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶7Dasti under the signatures of the Court Master.
APRIL 26, 2018 ak
W.P.(C) 3952/2018
2 of 2 * + W.P.(C) 4190/2018 & CM APP No.16465/2018
VIJAY ARORA
..... Petitioner
Through: Mr. Fanish Kumar Raj with Mr. Abinash Kumar & Mr. S.K.Roy, Advs.
UNION OF INDIA AND ANR. ..... Respondents
Through : Mrs. Bharathi Raju, CGSC.
%
26.04.2018 W.P.(C) 4190/2018 & CM No. 16465/2018
¶1The petitioner has filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the name of the petitioner.
¶2The petitioner claims that he was appointed as a Director on the Board of a company by the name: Power Plead Legalities Pvt. Ltd (hereinafter referred to as "Company"). The learned counsel for the petitioner states that the Company has not carried out any business since its incorporation. Furthermore, the petitioner states that they had not filed the Company's financial statements and statutory returns as required under the extant provisions of law. The petitioner avers that it is on account of the aforementioned infraction of law that his name came to be included in the impugned list.
2.1 To be noted, the captioned writ petition was heard on 25.04.2018, wherein the counsel for the petitioner sought time to file an additional affidavit bringing on record as to whether the person, who is not the petitioner before this Court but is a Director on the Board of the Company referred to hereafter, would want to join the petition. However, the affidavit dated 26.04.2018 filed by the petitioner states that the Director other than the Petitioner does not have any objection with regard to the reliefs sought by the petitioner herein.
¶3In this matter, I am informed by the learned counsel for the official respondents 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.
¶4Counsel 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶5Accordingly, 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, a 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.
¶6The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P.
(C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶7Liberty, 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.
¶8Needless 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.
¶9It is made clear that if there is any other company apart from the one mentioned in paragraph 3 above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶10Pending application(s), if any, shall stand closed.
¶11The Registry will scan and upload the affidavit filed by the petitioner.
¶12Dasti under signatures of the Court master.
APRIL 26, 2018 ak * + W.P.(C) 4188/2018
VIKRAM KAPOOR
..... Petitioner
Through: Mr. Ravi Mohan, Adv.
REGISTRAR OF COMPANIES, DELHI AND ANR.
..... Respondents
Through: Mr. P.S.Singh, Sr. Adv. with Dr. R.K.Singh, Adv. for R-1 & 2.
%
26.04.2018 W.P.(C) No.4188/2018 & CM Appl.16462/2018
¶1The petitioner has filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the name of the petitioner.
1.1. To be noted, the captioned writ petition was heard on 25.04.2018, wherein the counsel for the petitioner sought time to file an additional affidavit bringing on record as to the whether the persons, who are not petitioners before this Court, but are Directors on the Boards of the company referred to hereafter, would want to join the petition. However, the affidavit dated 26.04.2018, filed by petitioner, states that the Directors other than the petitioner, do not have any objection with regard to the reliefs sought by the petitioner herein.
W.P.(C)4188/2018 1 of 3
¶2The petitioner claim that he was appointed as a Director on the Boards of the companies by the name: Himalayan Ultimate Adventures Private Limited and Grey Fox Intelligence and Security Services Private Limited. (hereinafter referred to as "Companies"). The petitioner states that the said companies remained inoperative since incorporation and bank accounts have not been opened. 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 petitioner aver that it is on account of the aforementioned infraction of law that his name came to be included in the impugned list.
¶3In this matter, I am informed by the learned counsel for the official respondents 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.
¶4Counsel 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶5Accordingly, 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. W.P.(C)4188/2018 2 of 3
(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, a 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.
¶6The writ petitioner(s) will abide by the Division Bench-I order dated 21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶7Liberty, however, is given both to the petitioner(s) and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment. W.P.(C)4188/2018 2 of 3
¶8It is made clear that if there is any other company apart from the one mentioned in paragraph 3 above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance
¶9Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶10Pending application(s), if any, shall stand closed.
¶11Dasti under signatures of the Court master.
APRIL 26, 2018 ak
W.P.(C)4188/2018 3 of 3
*
+ W.P.(C) 4172/2018 & CM APP Nos.16379-80/2018
VIPIN AGGARWAL
..... Petitioner:
Through: Mr. Sushant Kumar with Mr. Shikhar Singh & Mr. Amitesh Sharma, Advs.
UNION OF INDIA AND ORS.
..... Respondents
Through: Mr. Vinod Diwakar, CGSC with Mr. Sanjay Pal, R-1 & 2.
%
26.04.2018 CM Appl.16380/2018 (for exemption)
¶1Allowed, subject to all just exceptions. W.P.(C) No.4172/2018 & CM Appl.16379/2018
¶2Counsels are agreed that the issue raised in the present writ petition
is covered by the order dated 26.04.2018 passed in various writ petitions
including W.P.(C) No.4190/2018, titled: Vijay Arora vs. Union of India &
Anr. In sum, the petitioners seek to avail of the benefits of Condonation
of Delay Scheme, 2018.
¶3To be noted, the captioned writ petition was heard on 25.04.2018, wherein the counsel for the petitioner sought time to file an additional affidavit bringing on record as to the whether the persons, who are not petitioners before this Court, but are Directors on the Board of the subject company referred to hereafter, would want to join the petition.
3.1 It is in this background that the petitioner has filed 2 affidavits and a copy of the consent email dated 26.04.2018.
¶4Counsel for the petitioner says that qua the subject company i.e.,
AMB Talent Media Private Limited, he seeks application of directives
contained in the aforementioned order.
¶5Accordingly, the writ petition is disposed of with the direction to the official respondents to apply the directives contained in Vijay Arora (Supra).
¶6It is made clear that the directions contained in aforementioned order will apply mutatis mutandis to the petitioner(s) herein.
¶7It is further made clear that if there is any other company, apart from the one(s) mentioned in the caption writ petition, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioner's name in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶8The Registry is directed to scan and upload the documents furnished by the counsel for the petitioner before this Court today.
¶9Pending application(s), if any, shall stand closed.
¶10Dasti under signatures of the Court master.
APRIL 26, 2018 ak
* + W.P.(C) 4070/2018
MADHUR SOOD AND ANR.
..... Petitioners
Through : Mr. Kunal Sabharwal, Adv.
UNION OF INDIA AND ANR.
.... Respondents
Through : Mr. Abhay Prakash Sahay, CGSC.
%
26.04.2018 CM. APPL. No.16675/2018
¶1Allowed, subject to just exceptions. W.P.(C) 4070/2018 & 16674/2018
¶1In this matter, I am informed by counsel for the official respondents 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.
¶2Counsel 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶3Accordingly, 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 a 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 20.05.2018. 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.
¶4The writ petitioner(s) will abide by the Division Bench-I order dated
21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶5Liberty, however, is given both to the petitioner(s) and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶6Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶8It is made clear that if there is any other company, apart from the ones mentioned in the captioned writ petition, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶9Pending application(s), if any, shall stand closed.
¶10Dasti under signatures of the Court master.
APRIL 26, 2018/ak * + W.P.(C) 4266/2018
POOJA SAWHNEY
..... Petitioner
Through: Mr. Siddharth Tewari, Adv.
REGISTRAR OF COMPANIES AND ORS. ..... Respondents
Through: Mr.Abhay Prakash Sahay, CGSC.
%
26.04.2018 CM Appl.16666/2018 (for exemption)
¶1Allowed, subject to all just exceptions. W.P.(C) No.4266/2018 & CM Appl.16665/2018
¶2The petitioner has filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the name of the petitioner.
¶3The petitioner claims that she was appointed as a Director on the Board of a company by the name: Aggressive Engineering Private Limited (hereinafter referred to as "Company"). The petitioner states that since last four years no business activity has taken place and since then the bank accounts of the company are not operational. Furthermore, the petitioner states that they had not filed the Company's financial statements and statutory returns as required under the extant provisions of law. The petitioner avers that it is on account of the aforementioned infraction of law that her name came to be included in the impugned list.
¶4To be noted, the petitioner has obtained the consent of persons
who are not petitioners before this court but are Directors on the Board of the subject company.
4.1 It is in this background that the petitioner has filed affidavit dated 26.04.2018.
¶5In this matter, I am informed by the learned counsel for the official respondents 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.
¶6Counsel 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶7Accordingly, 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, a 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.
¶8The writ petitioner(s) will abide by the Division Bench-I order dated 21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶9Liberty, however, is given both to the petitioner(s) and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶10Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench.
¶11It is made clear that if there is any other company apart from the subject company mentioned above, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶12Pending application(s), if any, shall stand closed.
¶13The Registry is directed to scan and upload the copy of the affidavit furnished by the counsel for the petitioner in Court today.
¶14Dasti under signatures of the Court master.
APRIL 26, 2018 ak
* + W.P.(C) 4094/2018
VINOD KUMAR
..... Petitioner
Through: Mr. Siddharth Sharma, Adv.
REGISTRAR OF COMPANIES AND ORS.
..... Respondents
Through: Mr.D.P. Bhardwaj with Mr. Kanishk Arora, Advs. for R1&2.
%
26.04.2018 CM Appl.16122/2018 (for exemption)
¶1Allowed, subject to all just exceptions. W.P.(C) No.4094/2018 & CM Appl.16121/2018
¶2The petitioner has filed the present petition, inter alia, impugning the list of disqualified directors published by the official respondents to the extent that it includes the name of the petitioner.
2.1. To be noted, the captioned writ petition was heard on 24.04.2018, wherein the counsel for the petitioner sought time to file an additional affidavit bringing on record as to the whether the persons, who are not petitioners before this Court, but are Directors on the Boards of the company referred to hereafter, would want to join the petition. However, the application no. 16808 dated 26.04.2018, filed by petitioner, states that the Directors other than the petitioner, do not have any objection with regard to the reliefs sought by the petitioner herein W.P.(C) 4094/2018 1 of 4
¶3The petitioner claim that he was appointed as a Director on the Board of company by the name: NRV Power Technology India Private Limited (hereinafter referred to as "Company"). 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 petitioner aver that it is on account of the aforementioned infraction of law that his name came to be included in the impugned list.
¶4In this matter, I am informed by the learned counsel for the official respondents 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.
¶5Counsel 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 a right to revive the captioned petition, in respect of those issues which are not addressed by the Division Bench judgment.
¶6Accordingly, 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. W.P.(C)4094/2018 2 of 4
(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, a 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.
¶7The writ petitioner(s) will abide by the Division Bench-I order dated 21.03.2018, passed in a batch of writ petitions, the lead petition being W.P. (C) 9439/2017, titled: Atul Khosla & Anr. v. Union Of India and Ors.
¶8Liberty, however, is given both to the petitioner(s) and the official respondents to revive the petition(s), in case, there are issues which are not covered by the Division Bench judgment.
¶9Needless to say, the disposal of the writ petition will not come in the way of the official respondents presenting their point of view before the Division Bench. W.P.(C) 4094/2018 3 of 4
¶10Pending application(s), if any, shall stand closed.
¶11Dasti under signatures of the Court master.
APRIL 26, 2018 ak W.P.(C) 4094/2018 4 of 4 * + W.P.(C) 4080/2018
HARMINDER SINGH
..... Petitioner
Through: Mr. Shailendra Singh with Ms. Rachita Garg, Advs.
UNION OF INDIA AND ORS.
..... Respondents
Through: Mr.D.P. Bhardwaj with Mr. Kanishk Arora, Advs. for R1&2.
%
26.04.2018 CM Appl.16054/2018 (for exemption)
¶1Allowed, subject to all just exceptions. W.P.(C) No.4080/2018
¶2Counsels are agreed that the issue raised in the present writ petition
is covered by the order dated 26.04.2018 passed in various writ petitions
including W.P.(C) No.4190/2018, titled: Vijay Arora vs. Union of India. In
sum, the petitioners seek to avail of the benefits of Condonation of Delay
Scheme, 2018.
¶3Counsel for the petitioner says that qua the subject company i.e.,
Parish Caterers Private Limited, he seeks application of directives
contained in the aforementioned order.
¶4It is made clear that if there is any other company, apart from the one(s) mentioned in the caption writ petition, whose name has been struck off from the Register of Companies, resulting in the inclusion of the petitioners' names in the impugned list of disqualified directors, then, this order will not come in the way of necessary consequences in law flowing from such circumstance.
¶5Accordingly, the writ petition is disposed of with the direction to the official respondents to apply the directives contained in Vijay Arora (Supra)
¶6It is made clear that the directions contained in aforementioned order will apply mutatis mutandis to the petitioner(s) herein.
¶7Pending application(s), if any, shall stand closed.
¶8Dasti under signatures of the Court master.
APRIL 26, 2018/ak
* + W.P.(C) 2417/2015, CM. APPL.No.4348/2015
P.K. PANDEY
..... Petitioner
Through: Ms. Sandhya, Proxy counsel for
Mr. K.V.Balakrishnan, Adv.
CHIEF INFORMATION COMMISSIONER AND ORS. ..... Respondents
Through: None.
%
26.04.2018
¶1A request for accommodation is made on behalf of the counsel for the petitioners i.e. Mr. K.V.Balakrishnan on the ground that he has suddenly taken ill. There is no representation on behalf of the respondents.
¶2Renotify on 27th November, 2018.
APRIL 26, 2018 ak * + W.P.(C) 8594/2014, CM. APPL. No.19830/2014
PRERNA JAIN
..... Petitioner
Through: Mr. Siddharth Joshi, Adv.
DEPARTMENT OF ELECTRONICS & INFORMATION
TECHNOLOGY & ORS
..... Respondents
Through: Mr. Sanjeev Ralli with Ms. Harsha Satyakam, Advs. for R-2.
%
26.04.2018
¶1Mr. Sanjeev Ralli, learned counsel who appears for respondent no.2 states that he will furnish a copy of the affidavit dated 23rd November, 2017 to the counsel for the petitioner within one week from today.
¶2In case the petitioner wishes to file a rejoinder, the same shall be filed within two weeks of receipt of the copy of the affidavit.
¶3Renotify on 5th October, 2018.
APRIL 26, 2018 ak * + W.P.(C) 4947/2012
GANGA DUTT BHARDWAJ AND ANR ..... Petitioners
Through: Mr. Rajender Kumar, Adv.
UNION OF INDIA AND ORS
..... Respondents
Through: Mr. Satya Ranjan Swain, Adv. for R-1. Mr. Sumit Rana, Adv. for DSIIDC.
%
26.04.2018
¶1Learned counsel for the petitioners is granted last opportunity to file a rejoinder in the matter.
¶2Let the needful be done within four weeks.
¶3Renotify the matter on 15th October, 2018.
APRIL 26, 2018 ak * + W.P.(C) 2844/2012, CM. APPL.No.6148/2012
THE JAMMU AND KASHMIR BANK LTD AND ANR ..... Petitioners
Through: Ms. Anushruti, Proxy counsel for Mr. G.M.Kawoosa, Adv.
HEMENDER SINGH NEGI
..... Respondent
Through: Ms. Asha Jain Madan, Adv. for R-6.
%
26.04.2018
¶1A request for accommodation is made on behalf of the counsel for the petitioners i.e. Mr.G.M.Kawoosa on the ground that he has taken ill.
¶2Renotify on 19th November, 2018
APRIL 26, 2018 ak * + W.P.(C) 1523/2018
PRASAR THROUGH ITS AUTHORISED REPRESENTATIVE ..... Petitioner
Through: Mr. Asutosh Lohia with Ms. Pragya Srivastava, Advs.
UNION OF INDIA AND ORS.
..... Respondents
Through: Mr. Anil Soni, CGSC with Mr. Abhinav Tyagi, Adv. for R-1. Mr. Abhinav Mukerji with Mr. Siddharth Garg, Advs. for R-2.
%
26.04.2018 CM Appl.6225/2018 (for exemption)
¶1Allowed, subject to all just exceptions. W.P.(C) No.1523/2018 & CM Appl.6224/2018
¶2Learned counsel for the petitioner states that he has just been served with a copy of the reply filed by counsel for respondent no.2/BCCI. According to counsel for respondent no.2/BCCI, the writ petition has been rendered infructuous as the subject tournament has already been conducted.
¶3Counsel for the petitioner, however, insists on continuing with the petition. Accordingly, renotify the matter on 26.11.2018.
¶4Rejoinder, if any, be filed within four weeks from today.
APRIL 26, 2018/ak * + W.P.(C) 2966/2018 RESIDENT WELFARE ASSOCIATION, POLICE COLONY, ANDREWS GANJ, NEW DELHI
..... Petitioner
Through: Mr. Saket Sikri, Mr. Ajaypal Singh &
Mr. Gurpratap Singh, Advs.
DEPUTY COMMISSIONER OF POLICE GENERAL ADMINISTRATION, DELHI & ORS
..... Respondents
Through: Mr. Ramesh Singh with, Mr Chirayu Jain &
Ms. Prabhsahay Kaur, Advs. for R-1 to 3.
Mr. Ashim Sood, CGSC with Mr. Rhythm B. Adv. for R-4.
%
26.04.2018
¶1Mr.Ramesh Singh, learned counsel for respondent nos. 1 to 3, has placed an affidavit on record wherein inter alia it has been indicated that after the construction of new government quarters takes place, the petitioner will be given first preference for allotment.
¶2Learned counsel will also take instructions as to whether any plan has been sanctioned for construction of new quarters. He will also inform the Court as to the timeline which is envisaged for construction of the new government quarters.
¶3Renotify on 7th May, 2018.
¶4Dasti under the signatures of Court master.
APRIL 26, 2018/ak *
+ W.P.(C) 4246/2018
RRA REALTY VENTURES LLP
..... Petitioner
Through: Mr. Amit Khemka with Ms. Aditi Kharpate
& Ms. Siddhi, Advs.
UNION OF INDIA
..... Respondent
Through: Mr.P.Bhardwaj, CGSC with Mr. Kanishk Arora, Adv. for UOI
%
26.04.2018 CM Appl.16613/2018 (for exemption)
¶1Allowed, subject to all just exceptions. W.P.(C) No.4246/2018 & CM Appl.16612/2018
¶2The main grievance of the petitioner is that it is unable to upload forms titled as: LLP 8 and LLP 11 for financial years 2016-17 and 2017-18.
2.1 It is the petitioner"s case that this problem has occurred on account of the stand taken by the respondent that form LLP 3 has not been filed.
2.2 Counsel for the petitioner asserts that LLP 3 was filed and that LLP 8 and 11 have been accepted for financial years prior to 2016-17.
¶3Mr. P.Bhardwaj, learned CGSC, who, appears on advance notice, says he would have to obtain instructions in the matter.
¶4Issue notice. W.P.(C) 4246/2018
¶5Mr. P.Bhardwaj accepts notice on behalf of the respondent.
¶6In the meanwhile, the petitioner is given liberty to file hard copies for LLP 8 and 11 of financial years 2016-17 and 2017-18. This filing is permitted without prejudice to the rights and contentions of both parties.
¶7Counter affidavit, if any, be filed within four weeks from today. Rejoinder thereto, if any, be filed before the next date of hearing.
¶8Renotify the matter on 24.9.2018.
¶9Dasti.
APRIL 26, 2018 ak
W.P.(C) 4246/2018
* + W.P.(C) 4275/2018, CM APP Nos.16685-686/2018
SAVINDER SINGH SARNA AND ORS.
..... Petitioners
Through: Mr. Rakesh K. Sharma with Mr. Rahul Rajpal,
Mr. Naman Issrani & Mr. Arif, Advs.
REGISTRAR OF COMPANIES AND ORS. ..... Respondents
Through: Mr. Abhay Prakash Sahay, CGSC for UOI.
%
26.04.2018
¶1Learned counsel for the petitioners seeks to withdraw the petition with liberty to file a fresh petition.
¶2Petition along with all pending applications is dismissed as withdrawn, as prayed.
APRIL 26, 2018 ak * + W.P.(C) 9832/2016
USHA INTERNATIONAL LIMITED
..... Petitioner
Through: Mr. P.K.Bhalla with Ms. Divya Bhalla &
Mr. Dhritiman Roy, Advs.
THE SUB DIVISIONAL MAGISTRATE (VASANT VIHAR) AND
ORS
..... Respondents
Through: Mr. Santosh Kumar Tripathi, ASC with Mr. Shashank S. Tiwari, Adv.
%
26.04.2018
¶1Counsel for the respondent seeks accommodation to file a counter affidavit. Let the needful be done within three weeks. I am informed that the Revisional Authority has not yet rendered a final decision in the Petition filed by the petitioner.
¶2Accordingly, renotify the matter on 30th October, 2018.
APRIL 26, 2018 ak * + W.P.(C) 2382/2017
NATHAN CHAUDHARY
..... Petitioner Through: Mr. Arun Kumar with Mr. Rishesh Mani Tripathi and Ms. Anjani Gupta, Advs.
THE GOVT OF NCT OF DELHI AND ANR ..... Respondent Through: Mr. Raghav Kumar Tiwari, Adv. for R-1.
Mr. Anurag Malhotra, Adv. for DJB.
%
26.04.2018
¶1Mr. Arun Kumar, who appears for the petitioner, says that he wishes to file an additional affidavit to bring out the unfair treatment meted out to the petitioner. Let the needful be done within two weeks from today.
¶2Counter affidavit, if any, be filed by respondent No.2 after receipt of the additional affidavit that the petitioner proposes to file.
¶3Renotify the matter on 30.7.2018.
APRIL 26, 2018/pmc * + W.P.(C) 10409/2016
AJAY KUMAR MEHRA
..... Petitioner
Through: None.
M/S ANSAL HOUSING CONSTRUCTION LTD. & ORS
..... Respondent
Through: None.
%
26.04.2018
¶1There is no representation on behalf of either side.
¶2Adverse orders are deferred.
¶3Renotify the matter on 27.11.2018.
APRIL 26, 2018/pmc * + W.P.(C) 10331/2016 & CM APP No.40625/2016
VINOD GUPTA & ORS
..... Petitioner Through: Mr. Arvind Nigam, Sr. Adv. with Mr. L.K. Bhushan, Ms. Raashi Beri, Mr. Nikhil Shada and Mr. Mehtab Singh, Advs.
SECURITIES AND EXCHANGE BOARD OF INDIA & ORS
..... Respondent Through: Ms. Sandhya Kolhi, Adv. for R-1/SEBI.
Mr. D.S. Chauhan with Mr. Ankit, Advs. for R-2.
Mr. Sanjay Bhatt with Mr. Sumit Nagpal, Advs. for IDBI Bank.
%
26.04.2018
¶1Mr. Chauhan, who appears for respondent No.2/NSDL, says that he will take instructions in the light of the information sought by respondent No.2/NSDL vide its letter dated 9.4.2015.
¶2Learned counsel for respondent No.2/NSDL will also take instructions regarding the communication dated 13.4.2015, addressed to respondent No.2/NSDL by the petitioner. By virtue of this communication, the information sought by respondent No.2/NSDL appears to have been furnished by the petitioner.
¶3Renotify the matter on 23.5.2017.
APRIL 26, 2018/pmc * + W.P.(C) 6687/2016 & CM APPL. No. 9939/2017, 9946/2017
M/S GANDHI IMPEX
..... Petitioner
Through: Mr. V.S. Negi, Adv.
ADDL. DIRECTOR GENERAL, DIRECTOR OF REVENUE INTELLEGENCE
(DZU) & ANR
..... Respondent Through: Mr. Saransh Parashar, Adv. for Mr. P.C. Aggarwal, Adv. for DRI.
%
26.04.2018
¶1Learned counsel for the petitioner says that since a decision has been rendered by the Settlement Commissioner, he does not wish to press the petition any further.
¶2Accordingly, writ petition is disposed of.
¶3Consequently, pending applications shall also stand closed.
APRIL 26, 2018/pmc * + W.P.(C) 5375/2016 & CM APPL. No.22421/2016
VICTOR JAMESH
..... Petitioner
Through: Ms. Biji Rajesh, Adv.
RK JAIN
..... Respondent
Through: Mr. Atul Krishna, Adv.
%
26.04.2018
¶1A request for accommodation is made on behalf of the learned counsel for the respondent.
¶2Renotify the matter on 16.11.2018.
¶3In case the petitioner wishes to file a rejoinder, the same will be filed before the next date of hearing.
APRIL 26, 2018/pmc * + W.P.(C) 4903/2016 & CM APPL. No.46446/2016
BALBIR SINGH
..... Petitioner
Through: Mr. Narendra Sharma, Adv.
UNION OF INDIA & ANR
..... Respondent Through: Mr. Harish Kumar Garg with Ms. Puran Kumari and Ms. Payal Agrawal, Advs. for R-1.
Mr. S.V. Rateria, Adv. for Mr. K.P. Gautam, Adv. for R-2.
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26.04.2018
¶1Mr. S.V. Rateria, who appears for respondent No.2, says that he has recently been engaged in this matter on behalf of respondent No.2.
¶2Let a copy of the writ petition and the application for amendment along with annexures, etc. be served upon the counsel for respondent No.2.
¶3Reply, if any, be filed within three weeks from today.
¶4Renotify the matter on 18.9.2018.
APRIL 26, 2018/pmc * + W.P.(C) 8625/2015 ROAD NO. 77 & 78 PUNJABI BAGH WEST RESIDENT WELFARE ASSOCIATION
..... Petitioner
Through: Mr. N.S. Dalal, Adv.
GOVT. OF NCT OF DELHI & ANR
..... Respondent Through: Ms. Shruti Munjal, Adv. for Mr. Ankur Chhibber, Adv. for GNCTD.
%
26.04.2018 CM APPL. No.26054/2015
¶1Arguments heard.
¶2Judgment reserved.
APRIL 26, 2018/pmc * + W.P.(C) 1531/2018 & CM Appl. No.6294/2018
SUNITA DEVI
..... Petitioner
Through: None.
UNION OF INDIA & ANR
..... Respondent Through: Mr. Dev P. Bhardwaj, CGSC for R-1 & 2.
%
26.04.2018
¶1There is no representation on behalf of the petitioner. The position was no different on the previous date of hearing.
¶2Writ petition is dismissed for non-prosecution. Consequently, the pending application shall stand closed.
APRIL 26, 2018/pmc * + W.P.(C) 1561/2018
ANCHAL SINGHAL
..... Petitioner
Through: Mr. Ashesh Lal, Adv.
THE MINISTRY OF EXTERNAL AFFAIRS THROUGH: ITS SECRETARY AND ANR. ..... Respondent Through: Mr. Manish Mohan, Adv. for R-1 &
2.
%
26.04.2018
¶1Report of the Registry is that process fee was not filed.
¶2On steps being taken, notice shall issue to respondent No.3.
¶3In the meanwhile, learned counsel for respondent No.1 & 2 is given leave to file the counter affidavit. Needful be done within four weeks from today.
¶4Rejoinder, if any, will be filed before the next date of hearing.
¶5Renotify the matter on 23.10.2018.
APRIL 26, 2018/pmc * + W.P.(C) 1646/2018
M/S INDO CRYSTAL PVT. LTD.
..... Petitioner
Through: Mr. Girdhari Arora, Adv.
DIRECTORATE OF ENFORCEMENT
..... Respondent
Through: Mr. Amit Mahajan, CGSC for UOI.
%
26.04.2018
¶1Learned counsel for the petitioner will place on record by way of an affidavit the shops located in the mall known as "Ashirwad Metropolitan Mall" (now, known as "Jalsa Mall"), Industrial Area, Malviya Nagar, Jaipur.
¶2Let an affidavit in that behalf be filed within one week from today.
¶3An advance copy of the affidavit will be given to Mr. Mahajan, who, appears for the respondent. Mr. Mahajan will verify the value of the shops and place the said information on record by way of an affidavit.
¶4Renotify the matter on 30.5.2018.
APRIL 26, 2018/pmc * + W.P.(C) 10334/2017
ALL INDIA PETROLEUM DEALERS ASSOCIATION (REGD.) AND ANR.
..... Petitioner Through: Mr. Pushkar Sood, Adv.
UNION OF INDIA THROUGH: ITS SECRETARUY AND ORS.
..... Respondent Through: Mr. Rajesh Kumar, CGSC for UOI.
Mr. Tushar Mehta, ASG with Ms. Mala Narayan, Mr. Rahul Narayan, Mr. Sahshwat Goel and Ms. Neha Dawar, Advs. for R-2. Mr. Anil Kr. Batra with Mr. P. Sinha and Mr. Rudra Dutta, Advs. for R-3/BPCL. Mr. Rajiv Dutta, Sr. Adv. with Mr. G. Sivabalamurugan, Mr. Dinesh and Mr. Vasantha Kumar, Advs. in CM No.3870/2018. Mr. Debojyoti Bhattacharya with Mr. Rhhit Dutta, Advs. for North Bengal Petrol Dealers" Association. Mr. Gaurav Kohli, Adv. for Intervener.
+ W.P.(C) 10746/2017 & CM Appl. No.44012/2017
ALL HARYANA PETROLEUM DEALERS ASSOCIATION (REGD) AND ANR.
..... Petitioner
Through: Mr. Rajesh Mahale, Adv.
W.P.(C) No.10334, 10746, 11246/2017
Pg.1 of 2
UNION OF INDIA AND ORS.
..... Respondent Through: Mr. Sandeep Mahapatra, Adv. for UOI.
Mr. Tushar Mehta, ASG with Ms. Mala Narayan, Mr. Rahul Narayan, Mr. Sahshwat Goel and Ms. Neha Dawar, Advs. for R-2.
+ W.P.(C) 11246/2017 & CM Appl. No.45977/2017
BIHAR PETROLEUM DEALERS ASSOCIATION (REGD.)
..... Petitioner
Through: Mr. Praveen Kumar Rai, Adv.
UNION OF INDIA & ORS
..... Respondent Through: Mr. Ripu Daman Bhardwaj, CGSC for UOI. Mr. Tushar Mehta, ASG with Ms. Mala Narayan, Mr. Rahul Narayan, Mr. Sahshwat Goel and Ms. Neha Dawar, Advs. for R-2.
%
26.04.2018
It is already passed 5.00 pm, renotify the matters on 23.5.2018.
APRIL 26, 2018/pmc
W.P.(C) No.10334, 10746, 11246/2017
Pg.2 of 2 * + W.P.(C) 8824/2017 & CM Appl. No.36038/2017
COL. LR. JASROTIA (RETD.)
..... Petitioner
Through: Mr. T.K. Joseph, Adv.
UNION OF INDIA AND ANR.
..... Respondent Through: Mr. Akshay Makhija, CGSC with Mr. Aditya Goyal and Mr. Seerat Deep Singh, Advs. for UOI.
%
26.04.2018
¶1No time left. It is already 5.00 p.m.
¶2Renotify the matter on 11.10.2018.
APRIL 26, 2018/pmc * + W.P.(C) 7974/2017
PRABHLEEN KAUR
..... Petitioner
Through: Mr. Shailendra Bhardwaj, Adv.
UNION OF INDIA & ANR
..... Respondent Through: Mr. Sanjib K. Mohanty with Mr. Amit Acharya, Advs. for R-1.
%
26.04.2018
¶1Mr. Mohanty, who appears for respondent No.1, has brought to Court a report dated 2.8.2017, prepared by an Officer of the Deputy Commissioner of Police (Special Branch) i.e., respondent No.2, in a sealed cover. The sealed cover was opened. The report is placed on record as the counsel for respondent No.1 says that what is stated in the report is also stated in the counter affidavit.
¶2The report is accompanied by annexures, which need to be translated into English. Learned counsel for respondent No.1 will place on record translated annexures within two weeks from today.
¶3The report is handed back to the counsel for respondent No.1.
¶4Renotify the matter on 28.5.2018 in the category of "After Notice Miscellaneous Matters".
APRIL 26, 2018/pmc * + W.P.(C) 6254/2017
BABA BHIMRAO AMBEDKAR UNIVERSITY ..... Petitioner Through: Mr. Ajay Kumar Mishra with Ms. Jahvi Sharma, Advs.
NATIONAL COMMISSION OF SCHEDULE CASTE THROUGH: ITS CHARIMAN AND ORS ..... Respondent Through: Mr. Mukesh Tiwari, Adv. for Mr. Ruchir Mishra, Adv. for R-1.
Mr. Rajendra Sahu, Adv. for R-2.
%
26.04.2018
¶1Mr. Mukesh Tiwari, who appears for respondent No.1, seeks and is granted three weeks to file a counter affidavit. Rejoinder, if any, will be filed before the next date of hearing.
¶2Renotify the matter on 15.10.2018.
APRIL 26, 2018/pmc * + W.P.(C) 3570/2017
STAR PROPWELL PVT LIMITED
..... Petitioner
Through: Mr. K. Sunil, Adv.
STATE BANK OF INDIA (FORMERLY STATE BANK OF PATIALA)
..... Respondent Through: Mr. Umesh Burnwal, Adv. for Mr. Jitendra Kumar, Adv.
%
26.04.2018
¶1A request for accommodation is made on behalf of Mr. Jitendra Kumar, who is the main counsel for the respondent. Request is not opposed by the learned counsel for the petitioner.
¶2Renotify the matter on 26.9.2018.
APRIL 26, 2018/pmc * + W.P.(C) 979/2018 & CM APPL. No.4148/2018, 15077/2018
NAVAL KISHORE KAPOOR
..... Petitioner Through: Mr. R.J. Alva with Mr. Ankit Kaushal, Advs.
NATIONAL INVESTIGATION AGENCY ..... Respondent Through: Mr. Siddharth Luthra, Sr. Adv. with Mr. Abhay Prakash Sahay, CGSC
%
26.04.2018
¶1The substantive prayer made in the writ petition is as follows: "Issue a writ of mandamus, writ in the nature of mandamus or any other appropriate writ, order or direction commanding the Respondent/ National Investigation Agency, Ministry of Home Affairs, Government of India, New Delhi to return to the Petitioner his original passport being Passport No. K5721932."
¶2Insofar as CM Appl. No. 15077/2018 is concerned, the prayer made therein reads as follows: "Allow the present Application and quash the Lookout Circular issued by the Respondent/NIA against the Applicant/Petitioner."
¶3Reply to the application has been handed over by the learned counsel for the respondent/NIA in Court, today; a copy of which has been handed over to me.
¶4To be noted, it is not disputed by the learned counsel for the petitioner W.P.(C) No.979/2018
Page.1 of 3 that the petitioner has already been returned his passport. Therefore, the main petition appears to have worked itself out.
¶5Mr. Alwa, who appears for the petitioner, says that he has moved the captioned interlocutory application, for the reason that despite the petitioner having a valid passport in his favour, he is not allowed to cross immigration barrier because of a Look Out Circular ("LOC") being issued qua him.
5.1 On being queried, learned counsel says that he has not been served with a copy of the LOC.
¶6Mr. Siddharth Luthra, learned Senior Counsel, who appears for respondent/NIA, confirms that a LOC has been issued vis-à-vis the petitioner. For this purpose reliance is placed on the reply to the application filed on behalf of the respondent/ NIA.
6.1 In the reply, broadly, the reason given for issuance of the LOC is that the petitioner is required to be investigated in a matter pertaining to, one, Mr. Zahoor Ahmed Shah Watali. It is alleged that the petitioner is a business partner of Mr. Zahoor Ahmed Shah Watali.
6.2 It is not disputed before me by Mr. Luthra, though, that, at present, the petitioner is not arraigned, as an accused in any criminal case.
¶7Given this position, counsel for the petitioner says that the petitioner is willing to assist in the investigation being carried out by the respondent/NIA and that, he will join the process as and when duly notified in that behalf. Besides this it is also the contention of the learned counsel for the petitioner that in terms of Office Memorandum (O.M.) dated
27.10.2010, issued by the Government of India, Ministry of Home Affairs, the petitioner can be detained by taking recourse to LOC, only if, he was W.P.(C) No.979/2018
Page.2 of 3
accused of committing a cognizable offence. In this behalf reliance is placed on Clause 8(h) of the said O.M.
¶8Having heard learned counsel for the parties, I am inclined to dispose of the writ petition and the pending applications with the following directions: -
(i) The respondent/NIA will serve a copy of the LOC on the petitioner. Along with the copy of the LOC the respondent/ NIA will also serve on the petitioner the grounds on which the LOC is issued qua him.
(ii) While doing so the respondent/ NIA will bear in mind the provisions of the aforementioned O.M. or any other instruction that may have been issued which empowers issuance of a LOC against a person who is not arraigned as an accused in a criminal case.
¶9Let the needful be done within one week from today.
¶10The petitioner will have liberty to challenge the same in case the situation demands that the LOC and the grounds on which it has been issued needs to be assailed.
¶11Writ petition and applications are disposed of.
¶12Dasti under signatures of the Court Master.
APRIL 26, 2018/pmc
W.P.(C) No.979/2018
Page.3 of 3
Source: High Court of Delhi, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.