CRM-M-22027 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1. CRM-M-22027 of 2010 Date of Decision:29.09.2011 Ms. Preity Zinta ........Petitioner Versus Registrar of Companies, Punjab, H.P. and Chandigarh ........Respondent 2. CRM-M-22038 of 2010 Karan Paul ........Petitioner Versus Registrar of Companies, Punjab, H.P. and Chandigarh ........Respondent 3. CRM-M-22039 of 2011 Ness Nusli Wadia ........Petitioner Versus Registrar of Companies, Punjab, H.P. and Chandigarh ........Respondent 4. CRM-M-22042 of 2011 Mohit Burman ........Petitioner Versus Registrar of Companies, Punjab, H.P. and Chandigarh ........Respondent CRM-M-22027 of 2010 -2- 5. CRM-M-22088 of 2010 Ness Nusli Wadia ........Petitioner Versus Registrar of Companies, Punjab, H.P. and Chandigarh ........Respondent 6. CRM-M-22133 of 2010 Karan Paul ........Petitioner Versus Registrar of Companies, Punjab, H.P. and Chandigarh ........Respondent 7. CRM-M-22134 of 2010 Ms. Preity Zinta ........Petitioner Versus Registrar of Companies, Punjab, H.P. and Chandigarh ........Respondent 8. CRM-M-22070 of 2010 Mohit Burman ........Petitioner Versus Registrar of Companies, Punjab, H.P. and Chandigarh ........Respondent CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. ***** Present: Mr. D.S. Patwalia, Advocate for the petitioners. Mr. G.S. Hooda, Advocate for the respondent. ***** CRM-M-22027 of 2010 -3- AUGUSTINE GEORGE MASIH, J. (ORAL) Vide this order, I proposed to dispose of 8 cases i.e. CRM-M-22027 of 2010 titled as Ms. Preity Zinta Versus Registrar of Companies, Punjab, H.P. and Chandigarh, CRM-M-22038 of 2010 titled as Karan Paul Versus Registrar of Companies, Punjab, H.P. and Chandigarh, CRM-M-22039 of 2011 titled as Ness Nusli Wadia Versus Registrar of Companies, Punjab, H.P. and Chandigarh, CRM-M-22042 of 2010 titled as Mohit Burman Versus Registrar of Companies, Punjab, H.P. and Chandigarh, CRM-M-22088 of 2010 titled as Ness Nusli Wadia Versus Registrar of Companies, Punjab, H.P. and Chandigarh, CRM-M-22133 of 2010 titled as Karan Paul Versus Registrar of Companies, Punjab, H.P. and Chandigarh, CRM-M-22134 of 2010 titled as Preity Zinta Versus Registrar of Companies, Punjab, H.P. and Chandigarh and CRM-M-22070 of 2010 titled as Mohit Burman Versus Registrar of Companies, Punjab, H.P. and Chandigarh. Counsel for the petitioner contends that these petitions were filed for quashing of the complaints which are pending before the Court of learned Chief Judicial Magistrate, Chandigarh under the provisions of Section 220 read with Section 162 of the Companies Act, 1956. He contends that all the offences which were committed by the petitioners under the Companies Act, 1956 were compoundable and accordingly the petitioners moved the Registrar of Companies, Chandigarh-respondent, who forwarded the cases of the petitioners to the Company Law Board for compounding of the offence. The said reference has been allowed by the Company Law Board vide its order dated 11.05.2011. The compounding fee stands deposited by the petitioners on the same date as mentioned in the order itself. On receipt of the order from the Company Law Board, the Registrar of Companies, CRM-M-22027 of 2010 -4- Chandigarh-respondent has sent the intimation to the learned trial Court, where the complaints are pending. He contends that the petitioners may be permitted to withdraw the present petitions with liberty to file applications under Section 621-A (3) D of the Companies Act, 1956 before the learned Chief Judicial Magistrate, Chandigarh, where the complaints are pending, who in the light of the said applications may be directed to discharge the petitioners. The facts and statement as made by the counsel for the petitioners have been accepted by the counsel for the respondent and he has no obejction if the prayer made by the petitioners counsel is accepted. In the light of the above statements of the counsel for the parties , prayer made by the counsel for the petitioners is accepted. The present petitioners are permitted to withdraw their petitions with liberty to move applications before the learned Chief Judicial Magistrate, Chandigarh under Section 621-A (3) D of the Companies Act, 1956 for discharge. If such application is moved, the learned Chief Judicial Magistrate is directed to pass appropriate orders as per the provisions of Section 621-A (3) D of the Companies Act, 1956. A photocopy of this order be placed on the other case files. 29.09.2011 (AUGUSTINE GEORGE MASIH) harjeet JUDGE