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2018 (3) TMI 2024
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....M/s. Cibi Vishnu. For the Respondents : Mr. G. Karthikeyan Asst. Solicitor General. ORDER 1. In all these cases, the respective writ petitioners challenged the impugned proceedings of the respondents disqualifying them as Directors in the respective Companies where they were holding such position. Apart from disqualifying these petitioners as Directors, the respective Company was also struck off from the role of the Registrar of Companies. This Court entertained these writ petitions and granted interim order of stay of such disqualification. After passing the order of disqualification, the respondents now has come out with a scheme called Condonation of Delay Scheme 2018, which is going to expire on 31st March 2018. Under the said ....
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....e interim orders have not been complied with and that the DIN numbers of the petitioners have not been activated. 13. The petitioner(s) whose DIN numbers have not been activated despite interim orders in their favour, shall inform Mr. Rakesh Tiwari, ROC of this fact. So far as the writ petitions in whose favour interim order staying the effect and operation of the notices dated 6th September, 2017 and 12th September, 2017 are concerned, the respondents shall forthwith activate the DIN number. 14. Our attention has been drawn to the Condonation of Delay Scheme, 2018 (hereinafter referred to the "CODS Scheme, 2018") floated by the respondents, enabling such defaulters to seek removal of the disqualification. It is submitted ....
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.... 20. In order to balance equities and to ensure that no prejudice results to either party, it is directed that so far as the petitioners in whose favour interim orders stand passed are concerned, these petitioners would, without prejudice to rights and contentions of all parties, stand permitted to file the compliances under the CODS-2018 Scheme as hard copies with the respondents. The filings by these petitioners shall be preserved by the respondents and shall abide further orders of this court. 21. Given the stand of the respondents, it is further directed that the petitioners shall ensure that the fee of Rs.30,000/- and any other charges which are payable under the CODS-2018 Scheme shall be deposited in the Registry of this....
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....it petitions. 25. It is also made clear that in case any of the petitioners have made deposits of any amount, in any form, i.e. say by demand drafts or otherwise, with the Registrar of Companies, in purported compliance of the requirements of the CODS-2018 Scheme, such petitioners are not required to duplicate the payment or make deposits in this court. In case such payments have not been accepted by the by the Registrar of Companies so far, appropriate orders regarding revalidation/substitution of the drafts/instruments can be made at the time of final disposal. 27. We, therefore, direct that individual counter affidavits/additional affidavits (if counter affidavits stand filed), dealing with the factual averments in each....
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....interim order of stay and since all those writ petitions are not listed today, the following order will cover not only these petitioners and also the other petitioners, who have filed similar writ petitions before this Court, which are pending with interim orders granted therein. 6. a) The respondents are directed to forthwith activate the DIN number of each writ petitioner in whose favour, the interim order of stay has been granted by this Court. b) The petitioners, in whose favour interim orders have been granted by this Court, without prejudice to the rights and contentions of all parties, are permitted to file compliances under CODS-2018 Scheme as hard copies with the respondents. Such filing by the petitioners shall be pres....
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....d to duplicate the payments even though they may have filed separate writ petitions. i) In case, the petitioners made deposits of any amount, in any form in purported compliance of the requirements of the CODS2018 Scheme, such petitioners are not required to duplicate the payment or make deposits in this Court. j) In case, such deposits have not been accepted by the Registrar so far, the appropriate orders regarding revalidation/substitution of the drafts/instruments can be made at the time of final disposal. 7. This interim order is made without prejudice to the contention of the both parties, as the merits of the matter have to be considered and decided at the time of final hearing of the writ petitions, which could p....