Waseem Mirza and Ors. v. Union of India and Anr.

1. The petitioners have filed the present petition,inter a/to,impugning a list of disqualified directors published by the respondent nos.l & 2 to the extentthat it includes the names ofthe petitioners.. 2: The petitioners claim that they were appointed as Directors on the Board ofcompany by the name: Yama Structures & Constructions Praivate Limited(hereinafter referred to as "Company").The learned counsel for the petitioners states that the Company has not carried out any business for the pasttwo years and thatits bank accounthas not been operated.'Ftirthermore, the petitioners state that they had not fded 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 oflaw thattheir names came to be included in the impugned list. i ': W.P.(C)No.4156/2018 Page!of[3] 2018:DHC:9019 V

3. In this matter, I am inforrned by the learned counsel for the official respondent nos.l & 2 that the issues raised in the captipned matter are similar to those issues which haye been raised before Division Bench-I in ' various matters pending before it.

4. Counsel 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 ofthe disposal ofthe present writ petition with a right to revive the captibned petition, in respect ofthose issues which are not addressed by the Division Benchjudgment.

5. Accordingly, the captioned writ petition is disposed.of with the following directions:-

(i) The operation oflist ofdisqualified directors in so far as the inclusion ofthehame(s)ofthe writpetitioner(s)is concerned,shallremain stayed.

(ii) The DIN and DSC ofthe writ'petitionetCs)willstand activated.,;

(iii) The writ petitioner(s) will have liberty to apply under the.

Condonation of Delay Scheme,2018 (hereafter "Scheme"). Permission is granted to makethe requisite filings in theform ofhard copies.

(iv) The writ petitioner(s)will deposit, ifnot deposited already,a sum of

Rs.30,000/- qua each such company vis-a-vis whom steps for voluntary striking offare required to be taken. The said amount Will be deposited in the form ofFixed Deposit Receipt(FDR)with the Registry ofthis court on, or before 15.05.2018. The FDR will be created in favour ofthe ROC. (v) 'The amount deposited by way ofFDR,as adverted to in clause(iv), will be in addition to other charges that would be payable underthe Scheme. These sums will be deposited in the form of FDR as well. The writ petitioner(s)will also furnishtheir calculations inthatbehalf, v W.P.,(C)No.4156/2018, - _, ' Page2of3',./

6. The writ petitioner(s) will abide by the Division Beneh-I order dated 21.03.2018, passed in a batch ofwrit petitions, the lead petition being W.P. (C)9439/2017,titled:AtulKhosld &Anr. v: Union OfIndia and Ors.

7. Liberty, however, is given both to the petitioner(s) and the official respondent nos.l & 2 to revive the petition(s), in case, there are.issues which are not covered bythe Division Benchjudgment.

8. Needless to say,the disposal ofthe writ petition will not come in the, way of the official respondent nos.f & 2 presenting their point of view before the Division Bench.

9. under signatures ofthe Court master. ■ RAJIV SHAKDHER,J APRIL 25,2018 hs.