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2024 (2) TMI 95

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.... and in MA/1034/2020 in CA/558/2020, whereby and whereunder, the National Company Law Tribunal, Division Bench - I, Chennai (`NCLT') has dismissed the Application filed by the Appellant herein namely Manasanthi Mental Health Care Private Limited, seeking to restore the name of the Company in the Register of the Respondent / Registrar of Companies (`RoC'), Chennai. 2. It is the case of the Appellant represented by Mr. K. Gaurav Kumar, Company Secretary that the Appellant Company has been active since its Incorporation and has identified during the period 2011 - 2012 certain future Projects and also pumped in additional Capital to the tune of Rs.19 Lakhs and that the Annual Returns and the Balance Sheets of the Company could not be filed wit....

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....paras in the Writ Petition filed by the Appellant in WP No. 8590 & WMP No. 10520: `Rs. 2........ But curiously, the names of the companies in which the petitioners were Directors were struck off from the Register of Companies and a list of disqualified directors under Section 164(2) (a) of the Companies Act, 2013 has been issued by the Second respondent on 08.09.2017. Now the last date for filing the annual return has been extended from 29.11.2017 to 30.04.2018 under the condonation of delay scheme, 2018 ...'' ``Since a batch of Writ Petitions in W.P. Nos. 25455 & 25456 of 2017 etc., are pending on the same issue with interim orders of stay and there has been a further order passed by this court in W.P. NOS. 6896 & WMP NOS. 8544 of 2018....

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....ase that `Concept of Justness', must be ascertained and determined, based on the facts of each case and that the case of the Appellant which provides Mental Healthcare to the Society and also has several Creditors mentioned in the Balance Sheet, ought to be considered, based on the ratio of these Judgments. Sr. No. Citation 1 Helen C. Rebella Vs. Maharashtra S.R.T.C.: 2 Intec Corporation Private Ltd. Vs. The Registrar of Companies, NCT of Delhi & Haryana in CO.PET.191/2016: 3 Tweak the Future Innovations Pvt. Ltd. Vs. Registrar of Companies, Punjab & Chandigarh in CA(AT) No. 300/2019: 4 Siddhant Garg & Anr. Vs. Registrar of Companies in (2012) 171 Comp. Cas.326: 5 M/s. Insys Instruments Systems (India) Pvt. Ltd. Vs. Registrar o....

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....d that the Receipt of Fee is not yet confirmed by the Registry. It is submitted that the Respondent in his Report to the NCLT dated 16.12.2020 has clearly stated the reason for Striking Off under Section 248(1)(c) of the Act was solely on account of failure to file Statutory Returns as per Sections 92 & 137 of the Act. It is submitted that the Appellant had wrongly interpreted the Orders of the Hon'ble Madras High Court dated 12.04.2018 and 26.03.2018 in WP No. 6896 / 2018 and in WMP No. 8544 / 2018. In fact, the Orders clearly direct the Appellant Company to file Compliances under the CODS Scheme 2018 as hard copies with the Respondents, but does not confer any specific privilege for restoration of the Companies which are `Struck Off'. It ....

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....vi, appearing for the RoC drew our attention to the General Circular No.16 / 2017, issued by the Ministry of Corporate Affairs on 29.12.2017 with respect to the Condonation of Delay Scheme (CODS), 2018. A bare perusal of this Scheme shows that the Scheme is for defaulting Companies and their Directors, seeking an opportunity for the defaulting Companies to become compliant and normalise the Operations and it is specifically meant for an opportunity to be provided for the `Directors who are disqualified'. The relevant portion is extracted as hereunder: ``Whereas, consequent upon notification of provisions of section 164(2), Ministry of Corporate Affairs (MCA) had launched a Company Law Settlement Scheme 2014 providing an opportunity to the....

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.....03.2018, relied upon by the Learned Company Secretary is only an Interim Order whereunder, the Hon'ble Madras High Court has directed the matter to be posted after a period of 8 weeks. 13. We find force in the contention of the Learned Counsel for the Respondent that in the Final Order of WP No. 6896 / 2018 dated 05.11.2019, it is held by the Hon'ble High Court, that a Director can be appointed in any other Company without hindrance, once the CODS Scheme has been complied with and therefore the direction given by the Hon'ble High Court in the Section 164 (2) (a) is distinctly different from any Notice / Direction issued under Section 248 of the Companies Act, 2013. 14. On a pointed query from the Bench, as to whether, the Appellant Compa....