JUDGMENT :

P.S. Dinesh Kumar, J.

Devas Employees' Mauritius Pvt. Ltd., a Company incorporated under the laws of Republic of Mauritius has presented this writ petition with prayers to (i) declare Section 272(1)(e) of Companies Act, 2013 ('the Act' for short) as ultra vires Constitution of India; (ii) to declare that the second proviso to Section 272(3) of the Act, must be read to be applicable to the petitions presented by persons falling under Section 272(1)(e) of the Act; and to issue a writ of certiorari quashing sanction order dated January 18, 2021 and consequently to quash all proceedings in C.P. No. 06/BB/2021 before NCLT National Company Law Tribunal .

2. Brief facts of the case are, petitioner holds 3.48% shares in Devas Multimedia Pvt. Ltd., (respondent No.3 herein), (hereinafter referred to as 'Devas'). On January 28, 2005, Antrix Corporation Ltd., (respondent No. 2 herein) and Devas entered into an agreement for lease of space segment capacity on ISRO/Antrix S-Band Space Craft. According to the petitioner, investments were brought into Devas from different shareholders including State owned Deutshe Telekom, an enterprise of the German Government.

3. On February 25, 2011, Ant