Disposed

Gaurav Dani v. Registrar of Companies and Ors.

Delhi HC22 Mar 2018W.P.(C)/2370/2018

Case brief

AI extract

What is this about?

Single Judge order granting interim relief regarding disqualification of directors and activation of DIN/DSC pending appeal. Petitioners permitted to file under Condonation of Delay Scheme 2018 upon depositing Rs. 30,000 per company as FDR with court registry.

What did the court decide?

Stay on disqualification list; activation of DIN/DSC; liberty to apply under Condonation of Delay Scheme 2018 upon deposit of Rs. 30,000 per company as FDR by 07.04.2018.

Gaurav Dani Vs Registrar of Companies and Ors. — Company and Corporate | Delhi HC (2018)

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$~19

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 2370/2018 with CM. APPL.9935/2018

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GAURAV DANI ..... Petitioner Through: Mr. Sandeep Grover with Mr. Mohit Chadha, Advocates.

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versus

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REGISTRAR OF COMPANIES AND ORS. ..... Respondents Through: Ms. Maninder Acharya, ASG with Mr. Kirtiman Singh, CGSC

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CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER

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O R D E R

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% 22.03.2018

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Learned ASG says that the Division Bench-I has passed interim directions which permit the companies that do not seek revival and are desirous of having their names being voluntarily struck off from the Register of Companies to avail the benefit of Condonation of Delay Scheme, 2018(in short “Scheme”) as the scheme is expiring on 31.3.2018. The steps that these companies would take in this behalf would be without prejudice to the rights and contentions of parties before the Division Bench which includes the official respondents.

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Furthermore, I am informed that the Division Bench has also directed such companies to create a fixed deposit in the sum of Rs. 30,000/- which would have an initial tenure of six (6) months. The FDRs, so generated, would have to be filed with the Registry of this court on or before 07.4.2018. 2.1 I am also informed that this would be in addition to all other charges that are required to be paid under the Scheme.

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In the aforementioned matters, interim orders have also been passed by me, broadly, on the following lines.

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(a) The operation of the list of disqualified directors in so far as the writ petitioners are concerned shall remain stayed.

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(b) The DIN and DSC of the writ petitioners, who are on the Boards of companies whose names have been struck off from the register of companies shall stand activated.

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Therefore, having regard to the aforesaid writ petitions are disposed of in terms of the following directions.

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(i) The operation of list of disqualified directors in so far as the inclusion of the names of the writ petitioners are concerned, shall remain stayed. The DIN and DSC of the writ petitioners will stand activated.

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(iii) The writ petitioners 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.

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(iv) The writ petitioners 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 07.04.2018. The FDR will be created in favour of the ROC.

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(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 Scheme. These sums will be deposited in the form of FDR as well. The writ petitioners will also furnish their calculations in that

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behalf.

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The writ petitioners will abide by the judgment of the Division Bench.

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Liberty, 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.

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Needless 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.

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The pending application shall stand closed.

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RAJIV SHAKDHER, J

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MARCH 22, 2018 C

Gaurav Dani v. Registrar of Companies and Ors.

Case brief

What is this about?

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Gaurav Dani v. Registrar of Companies and Ors.

Case brief

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