2020 (9) TMI 1189

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....adkar i/b. Pritesh Burad & Associate for the Petitioner. IA-1.2020 IN WPL-1692.2019: Mr. Shadab S. Jan with Ms. Prerana Wagh and Mr. Yash Tembe i/b. M/s. Crawford Bayley & Co. for the Applicants. IA-2734/2020 IN WPL 2828.2019: Ms. Prachi Wazalwar with Mr. Saurabh Pakale i/b. Pravin Kapadia for the Applicant. Mr. Anil Singh, Addl. Solicitor General with Mr. Aaditya Thakker, Mr. Ashish Mehta, Ms. Pranalee Pawar and Ms. Ruchira Halli i/b. Ethos Legal Alliance for Respondent-ROC in all matters. (Through Video Conferencing) P.C. : Heard the learned counsel for the parties. 2. The Petitioners are directors who have been disqualified. Though the facts in each petition may slightly differ, the common relief sought at this stage by the Petiti....

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....disqualification, cannot apply under the Companies Fresh Start Scheme in respect of their companies. This Scheme is to end on 30 September 2020. They, therefore, seek a direction that they may be permitted to apply under the Scheme and for the said purpose their DIN should be activated. 7. The Companies Fresh Start Scheme, 2020 came into force on 1 April 2020 and is valid till 30 September 2020 The Scheme lays down various provisions regarding the applicability, the manner of payment of fees, withdrawal of appeal and special measures to be taken where the order of the adjudicating authority was passed but the appeal could not be filed. It deals with the applicability of immunity in respect of documents. Clause (ix) thereof specifies the ca....

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....ied in subsection (1), the promoter or, in his absence, the Central Government shall appoint the required number of directors who shall hold office till the directors are appointed by the company in the general meeting. 9. The learned Additional Solicitor General submits that even though the directors of the company vacate their offices, the promoter/s can nominate a director to act. Relying on this provision, he submits that the promoter/s of the Petitioners- Companies can nominate a director/s to apply to take benefit of the Scheme. 10. The petitioners raised a doubt as to the applicability of Section 167 (3) submitting that if the disqualified directors of the company were also promoters and if there are no other directors, they may no....