The petitioner agreed to withdraw the writ petition and approach the National Company Law Tribunal. The Court dismissed the petition as withdrawn but granted liberty to approach the Tribunal within 90 days without limitation issues.
Petitioner granted liberty to approach National Company Law Tribunal within 90 days without limitation bar.
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versus
UNION OF INDIA & ORS ..... Respondents Through : Ms. Shiva Lakshmi, CGSC along with Mr. Sanjay Shorey, Joint Director (Legal), Min. of Corporate Affairs for UOI. Mr. Vivek Jain, Adv. with Mr. Chandan Rai Chawla, Adv. for R-3. Ms. Suvira Lal, Adv. for R-6.
CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR
O R D E R % 06.02.2018
Counsel for the petitioner states that in view of the clarification issued by the Government of India that the petitioner can file a reference/application before the National Company Law Tribunal, he would withdraw the present writ petition and approach the said Tribunal. He, however, submits that period of 90 days may be granted for filing reference/application as permission and approvals are required.
We accept the statement made by learned counsel for the petitioner and the writ petition is dismissed as withdrawn. We also
grant liberty to the petitioner to approach the National Company Law Tribunal by way of an application/reference within a period of 90 days from today. In case such a reference/application is made within the aforesaid period, the same would not be dismissed on the ground of limitation or having been made after a period of 180 days. We are granting the said concession in view of the fact that there was confusion and debate regarding the remedy available to the petitioner and even the Government of India had taken time to clarify.
SANJIV KHANNA, J
CHANDER SHEKHAR, J
FEBRUARY 06, 2018 SRwt
State of West Bengal
Union of India
Sanjiv Khanna
Chander Shekar
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.
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