IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA WRIT PETITION No.29301/2018 (GM-RES) BETWEEN:
MANOJ KUMAR GARGA S/O. RAJESHWAR PRASAD GARGA, AGED ABOUT 58 YEARS, RESIDING AT ASPEN 1003, PRESTIGE ST. JOHN WOODS APARTMENT, NO.80, KORAMANGALA, BENGALURU – 560 029. REPRESENTED BY HIS SPECIAL POWER OF ATTORNEY HOLDER MR. RICHARD JAMES D’SA. ... PETITIONER (BY SRI SHRIKAR, ADVOCATE FOR SRI SHYAM SUNDAR H.V., ADVOCATE) AND:
1. UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF CORPORATE AFFAIRS, C-1/25, PANDARA PARK, NEW DELHI – 110 033.
2. REGISTRAR OF COMPANIES, E-WING, 2ND FLOOR, KENDRIYA SADAN, KORAMANGALA, BENGALURU, KARNATAKA – 560 034. ... RESPONDENTS (BY SRI SANJAY NAIR, CGC FOR R-1 & R-2) ***** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT SECTION 164[2][a] OF THE COMPANIES ACT 2013 THE LIST OF DIRECTORS DISPLAYED BY THE RESPONDENT FURNISHED AT ANNEXURE-F AND THE PRESS RELEASE DTD:12.09.2017 AT ANNEXURE-E ISSUED BY R-1 QUA DIRECTORS OF PRIVATE LIMITED COMPANY IS UNCONSTITUTIONAL, IS IN VIOLATION AND IN CONTRAVENTION OF THE PROVISIONS OF PART III OF THE CONSTITUTION OF INDIA.
THIS PETITION COMING ON FOR FURTHER HEARING THIS DAY, COURT MADE THE FOLLOWING:
O R D E R Sri Shrikar A.J., learned counsel submits that sole petitioner has died in December 2018, hence, the cause of action does not survive and therefore, writ petition abates. Submission is placed on record. In the circumstances, it is held that writ petition has stood abated.
Sd/- JUDGE *mvs