2025:HHC:12489-DB IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 7952 of 2014 Decided on : 05.05.2025 Mr. R.K. Kaushal. …Petitioner Versus Union of India and others. …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioner : Mr. Rajiv Rai, Advocate For the respondents : Mr. Shashi Shirshoo, Advocate, for respondents No.1 to 3. Mr. Vivek Sharma, Advocate, for respondents No.4 to 6 Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:- “i. That the Hon’ble Court may kindly be passed to issue the Writ of Certiorari whereby the impugned order dated 01.10.2014 vide Annexure P/1 passed by the respondent No.2 i.e. Learned Regional Director in case titled as M/s Nanal Hydro Power Consultancy Private Limited Versus Mr. R.K. Kaushal, may kindly be quashed 1Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:12489-DB and set aside. ii. That the resolution dated 25.03.2013 passed in extraordinary general meeting passed by respondent No.4 company qua removal of the petitioner statutory auditor and the appointment of M/s Vipul Sood & Co. as Auditor of the Company may kindly be quashed and set- aside.” 2. Mr. Rajiv Rai, learned counsel for the petitioner has vehemently argued that the Authority has failed to take into consideration the fact that the provisions of Section 224(7) of the Companies Act, which mandatorly have to be followed before the removal of the Auditor, were not complied with in this case. 3. Learned counsel appearing for the respondent- Company, has also fairly admitted that the same is a matter of record. 4. Be that as it may, fact of the matter is that impugned order was passed on 01.10.2014. No stay was granted by this Court as far as operation of the order is concerned. This means, that the order passed by the Authority i.e. Regional Director (Norther Region), Ministry of Corporate Affairs, Noida, 3 2025:HHC:12489-DB stands implemented. 5. Besides this, in terms of Annexure R-4/K, appended with the reply filed by the respondent-Company, dated 16.10.2014, the Company communicated to the petitioner unconditional withdrawal of all the allegations levelled by the Company against the petitioner, in terms of the directions of the Regional Director (Norther Region), Ministry of Corporate Affairs, Noida. 6. Though this Court does not appreciates the non- compliance of provisions of Section 224(7) of the Companies Act, but taking into consideration the peculiar facts of this case where much water has flown, since the date of the passing of the order, these proceedings are hereby closed. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge May 05, 2025 (Shivank Thakur)