Single-judge order remitting petition for activation of DINs to the Registrar of Companies to adjudicate the dispute over disqualified director status pending another tribunal proceeding.
DINs and DSC activated; impugned list stayed for two weeks post-ROC order; matter remitted to ROC to hear parties and pass speaking order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~40
versus
UNION OF INDIA AND ANR ..... Respondents Through: Mr. Bhagvan Swarup Shukla, CGSC with Mr. Kamaldeep, Adv. for R-1 & 2.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
O R D E R % 17.04.2018
RAJIV SHAKDHER, J. (ORAL)
CM No. 14925/2018
W.P.(C) 3760/2018 & CM No. 14924/2018
W.P.(C) 3760/2018
page 1 of 3
4.2 For this purpose, my attention has been drawn to Annexure P-1 of the paper book. A perusal of the said annexure would show that not only the names of the petitioners were included in the list of disqualified directors but the names of the other two directors, i.e., Mr. Dhirendra Pratap Singh and Mr. Rajendra Singh Chauhan have also been included in the said list.
4.3 The petitioners further claim that apart from DCSL, they are also directors of the Board of the following companies, i.e., Dook Travels Private Limited and Wat Consulting Services Private Limited. It is, therefore, the petitioners’ assertion that because of a management dispute, their role as directors on the Boards of the aforementioned companies which are active and functional is getting impacted.
4.4 In order to establish that there is a dispute between the petitioners and the other two directors, my attention has been drawn to paragraph 10 of the petition wherein there is a reference to the fact that proceedings with regard to the allegation of mismanagement and oppression qua the petitioners is pending adjudication before the National Company Law Tribunal (in short ‘NCLT’) at Delhi. It is averred that the company petition pending before the NCLT is numbered as 54(ND)/2014 and is titled: Dhirendra Pratap Singh vs. Dook Consulting Services Private Limited .
petition is disposed of with the following directions:
(v) The interim directions contained in the paragraph 7(iii) and (iv) above, will remain in operation till such time the ROC passes an order and for a period of two weeks thereafter to enable the petitioners to take recourse to an appropriate remedy, as provided in law, if the need arises for the same.
RAJIV SHAKDHER, J
APRIL 17, 2018 SRwt
W.P.(C) 3760/2018 page 3 of 3
2 issues framed by the court
Whether the petitions for removal of directors from the disqualified list should be decided directly or remitted to the Registrar of Companies.
Whether the direction to activate the disputed Director Identification Numbers (DIN) should stay pending the ROC's inquiry.
Sandeep Kumar Gupta
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
