Court stays prosecution, considers Fast Track Exit Scheme, lifts charge, and resolves winding up application.

The Court directed the Registrar of Companies to consider the Fast Track Exit Scheme application while staying prosecution proceedings until such consideration. The petitioner's winding up application due to defaulted returns and failure to convene AGMs was addressed, with the charge to the 3rd respondent lifted as no outstanding amounts were confirmed. The judgment resolved the legal issues surrounding the defunct company status, winding up application, prosecution proceedings, Fast Track Exit Scheme consideration, and charge, concluding the case without costs incurred.

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Issues:
Petitioner's defunct company status, winding up application, prosecution by Registrar of Companies, Fast Track Exit Scheme consideration, charge to 3rd respondent, stay on prosecution proceedings.

1. Petitioner's Defunct Company Status and Winding Up Application:
The petitioner, a defunct company since 2010, applied for winding up under a Scheme by the Central Government due to defaulted returns and failure to convene Annual General Body Meetings. The Registrar of Companies initiated prosecution for non-filing of annual returns and AGM non-convening. The petitioner sought a stay on prosecution till a decision on winding up application.

2. Consideration under Fast Track Exit Scheme:
The Registrar of Companies refused consideration under the Fast Track Exit Scheme citing encumbrance of the petitioner's assets to the 3rd respondent. The petitioner disputed any dues to the 3rd respondent and claimed the charge remained due to the company's defunct status, not outstanding debts. The 3rd respondent confirmed no outstanding amounts and no pending recovery proceedings, leading to the lifting of the charge.

3. Stay on Prosecution Proceedings:
Given the circumstances, the Court directed the 1st respondent to consider the Fast Track Exit Scheme application while staying the prosecution proceedings until such consideration. The writ petition was disposed of with no costs incurred.

This judgment addresses the defunct status of the petitioner's company, the winding up application, the prosecution by the Registrar of Companies, the Fast Track Exit Scheme consideration, the charge to the 3rd respondent, and the stay on prosecution proceedings, ensuring due process and resolution of the legal issues at hand.

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