TaxTMI 
TaxTMI 
2018 (3) TMI 1800
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....r. R.A. Dada, Sr. Adv. a/w. Mr. T. Agrawala, Mr. J. Kapadia, Mr. F. Lakdawala and Mr. S. Agrahari i/by. M/s. Little and Co. for Petitioner in (OS) WP/148/2018. Mr. Fredun DeVitre, Sr. Adv. a/w. Ms. Gulnar Mistry, Mr. Nirav Shah and Mr. Preet Chheda i/by. M/s. DSK Legal for Petitioner in (OS) WP/153/2018. Mr. Prakash Shinde and Mr. Chirag Bhavsar i/by. M/s. MDP and Partners for Petitioner in (OS) WPL/375/2018. Mr. Sharan Jagtiani a/w. Mr. Vishnu Peri i/by. M/s. Dhru and Co. for Petitioner in (OS) WP/526/2018. Mr. Anupam Chattopadhyay for Petitioner in (AS) WP Nos. 3079 and 3090 of 2018. Mr. Rahul Singh i/by. M/s. Legal Catalyst for Petitioner in (OS) WP Nos. 724 and 725 of 2018. Mr. Vedchetan Patil a/w. Ms. Radha Agrawal i/....
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....that the company has not carried out any business and its bank account is also not in operation for the past three years. The petitioners also did not file the requisite returns as required under the said Act. Consequently, the petitioners have incurred the disqualification under Section 164(2) of the said Act. 2. Learned Senior Counsel Shri Dada appearing for the petitioners in Writ Petition No. 148 of 2017 invited our attention to the order dated 21/12/2017 passed by the Learned Single Judge of the Delhi High Court in the case of Trilokchand M. Kothari & ors. Vs. Union of India & ors. W.P.(C) No. 11381 of 2017 as also the order dated 6/3/2018 passed by Delhi High Court in Sandeep Jain & anr. Vs. Union of India & ors. W.P.(C) No.2051 of....
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.... Court have been challenged by the Department by filing 17 appeals. Learned ASG opposes the petitions on the ground that the petitioners admittedly allowed shell company to run for several years. He submits that no action is taken all these years by the petitioners as required under law. According to the learned ASG, the CODS2018 only condones the delay in filing returns and the respondents - Government has no power to revive a company once struck off. It is only the NCLT in an appeal under Section 252 can revive the company. Learned ASG would contend that once the petitioners admit that the companies never carried out any business they ought to have applied for declaring the company as a dormant company under Section 455 or apply under Sec....
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....er we are not going into the matter of disqualification. All contentions thereto are kept open. We are inclined to adopt the view taken by the Delhi High Court in the facts and circumstances of the present case. Learned ASG has pointed out that the appeals against the order passed by the learned Single Judge of the Delhi High Court are pending. It is, however, pointed out that the operation of the order passed by the Delhi High Court has not been stayed. It is stated across the bar that in fact the order passed by the Delhi High Court is already implemented in several cases. 8. Be that as it may, learned Counsel appearing for the petitioners have made an unequivocal statement, on instructions of the petitioners, that the petitioners are ....
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.... petitioners would also like to avail the benefit of the CODS2018. 11. In this view of the matter and having regard to the submissions made by the learned Counsel, we are of the view that the petitions can be disposed of with the directions that the respondents will follow the directives contained in Trilokchand (supra). It is made clear that the directives contained therein will apply to the petitioners mutatis mutandis. 12. The petitioners to take immediate steps in consonance with the provisions under Section 248(2) of the said Act, 2013 and under the CODS2018, in any case within a period of seven days from today. 13. In order to facilitate this exercise, the operation of the impugned list, in so far as it concerns the petitione....