Court orders compliance with previous judgment, allows Condonation of Delay Scheme. Stay on disqualification until 31.3.2018.

The court directed the respondents to comply with the directives from a previous judgment and allowed the petitioners to benefit from the Condonation of Delay Scheme, 2018. The petitioners were instructed to take necessary actions within ten days to revive the companies under Section 248(2) of the Companies Act, 2013. The court stayed the disqualification of the petitioners until a decision was made by the respondents or until 31.3.2018. The Registrar of Companies was ordered to activate the petitioners' DIN and DSC, and one of the CM applications was closed.

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Issues: Disqualification of directors for failure to file financial statements and annual returns, applicability of directives from a previous judgment, revival of companies under Section 248(2) of the Companies Act, 2013, availing benefits under the Condonation of Delay Scheme, 2018.

Analysis:

1. Disqualification of Directors: The petitioners were disqualified as directors of two companies, IMPL and IAPL, due to their failure to file financial statements and annual returns, resulting in the companies being struck off the Register of Companies. The petitioners argued that these companies had not been operational for over three years, while they were actively involved in other functional companies.

2. Applicability of Previous Judgment: The petitioners contended that their disqualification issue was similar to a previous judgment involving Sandeep Singh & Anr. v. Registrar of Companies & Ors. The counsel for the respondents did not dispute this claim, leading to the decision that waiting for a counter affidavit was unnecessary as the respondents' stance aligned with the judgment in Sandeep Singh.

3. Revival of Companies and Compliance: The petitioners expressed their intention not to revive IMPL and IAPL but to take steps under Section 248(2) of the Companies Act, 2013, in line with the directives from the Sandeep Singh judgment. Additionally, they sought to benefit from the Condonation of Delay Scheme, 2018, for resolving their disqualification status.

4. Court's Decision and Directions: The court directed the respondents to follow the directives from the Sandeep Singh judgment concerning the petitioners, with a stipulation that the petitioners must comply with Section 248(2) of the Companies Act, 2013, and the Condonation of Delay Scheme, 2018, within ten days. The operation of the disqualification list concerning the petitioners was stayed until 31.3.2018 or until the respondents made a decision regarding the petitioners' requests.

5. Compliance and Further Actions: The petitioners were instructed to take necessary actions within ten days, and the Registrar of Companies was directed to activate the petitioners' DIN and DSC. Consequently, one of the CM applications was closed, and the order was issued for Dasti delivery of the judgment.

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