2018 (1) TMI 877

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....e respondent no.1 being Condonation of Delay Scheme-2018 (hereinafter referred to as 'CODS-2018 Scheme') and the provisions of Section 252 of the Companies Act, 2013.   4. Learned counsels for the parties submit that the petition can be disposed of on a consideration of the aforesaid statutory provisions and the CODS-2018 Scheme floated by the respondent No.1.   5. With the consent of the parties, we have taken up the writ petition for consideration.   6. It appears that the writ petitioners are the Directors of Shiv Vani Buildwell Private Limited (hereinafter referred to as 'the company'). It is the contention of the petitioners that the company was in active business and it had defaulted the statutory compliance un....

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....vant documents with effect from Financial Year ended 31st March, 2011 onwards before the respondent No.2.   11. We are also informed that even though there was default in submitting the returns, the accounts of the company have been audited by the company.   12. So far as the present writ petition is concerned, the petitioners have assailed the notices dated 6th September, 2017 and 12th September, 2017 wherein their names appear at Page No.277 at Serial Nos.59193, 59194, 59195 & 59196 in the List of Directors who have been disqualified by the respondents under the provisions of Section 164(2)(a) of the Companies Act, 2013 as directors of companies with effect from 01.11.2016. 13. Ld. counsel for the petitioners makes an u....

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....given that the CODS-2018 is only available till 31.03.2018. Notwithstanding, the above, it is clarified that in the event the NCLT is unable to dispose of the appeal within the time as requested for the reasons that are not attributable to the petitioners, the respondents shall ensure that the Scheme under CODS-2018 is extended in respect of the petitioners in order for the petitioners to avail of the same. In other words, the petitioners would not be deprived of the opportunity to avail the CODS-2018 only on account of pendency of the appeal before NCLT.   17. In view of the CDOS-2018, the impugned list to the extent it includes the names of the petitioners is stayed till disposal of (IB)-334/ND/2017 by NCLT and disposal of the app....