The High Court of Delhi disposed of a writ petition filed by a director whose company was struck off. The court granted liberty to apply under the Condonation of Delay Scheme, 2018, directing the deposit of Rs. 30,000 as a fixed deposit and adherence to further division bench proceedings.
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ASHISH RAMKISAN SARAF ..... Petitioner Through: Ms. Reena Choudhary with Mr. Dhruv Dewan, Advocates.
versus
UNION OF INDIA AND ANR. ..... Respondents Through: Ms. Maninder Acharya, ASG with Mr. Vikas Mahajan, CGSC with Mr. Shyam Sundar Rai and Mr. Deepak Goyal, Advocate.
CORAM:
HON’BLE MR. JUSTICE RAJIV SHAKDHER
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O R D E R 22.03.2018
W.P. (C) 10498/2017, CM APPL.11350/2018
petitioner. Learned counsel for the petitioner says that the petitioner was director on the Board of Facor Energy India Ltd. (“FEIL”). Learned counsel for the petitioner says that since the requisite financial statements and returns were not filed by the aforementioned company, its name was struck off from the Register of Companies. Consequently, the name of the petitioner was put in the list of disqualified directors. Learned counsel says that the petitioner wishes to avail of the benefit of the Condonation of Delay Scheme, 2018 (Scheme)
(iii) In addition thereto, the petitioner will also deposit additional sums as required in the Scheme.
(iv) The petitioner will also file his calculations in arriving at the sums which he seeks to deposit with the Registry of this Court.
Division Bench. To be noted, the issues which arise in the present petition are, presently, being deliberated upon by the Division Bench-I in a batch of writ petitions, the lead petition being W.P.(C) 9439/2017. Leave is, however, given to the petitioner as well as the official respondents to approach this Court in case any aspect of the matter is not covered by the judgment of the Division Bench.
5.1 Likewise, the direction issued to the official respondents to activate DIN and DSC of the petitioner, will also dissolve in case the judgment of the Division Bench is adverse to the interest of the petitioner.
RAJIV SHAKDHER, J
MARCH 22, 2018 / vikas /
2 issues framed by the court
Whether the petitioner should be given liberty to apply under the Condonation of Delay Scheme, 2018 despite the strike-off of the director from the Register of Companies.
What were the terms for the petitioner to deposit the requisite sums and file relevant documents to avail the benefits of the Scheme?
2 provisions across 2 enactments
Ashish Ramkisan Saraf
Union of India
Rajiv Shakdher
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
