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2018 (3) TMI 870 - HC - Companies LawDisqualifying the petitioners as Directors in the company as there was default in submitting returns with regard to the affairs of the said Company - Condonation of Delay Scheme, 2018 benefit seeked - Held that - We direct as follows (i) Subject to the petitioner submitting the requisite fees with the respondents within a period of two weeks as prayed, the respondents shall forthwith take steps for removal of the petitioners names from the disqualified directors. In case the petitioners have not submitted the prescribed form under the CODS Scheme, 2018 the same may be also submitted within the same period. (ii) It is made clear that given the fact that the petitioners have already submitted the deficient returns it shall not be necessary for them to submit the same afresh along with this writ petition. (iii) The orders to this effect would be posted on the website and shall also be communicated to the petitioners within two weeks from the deposit of the requisite form and fees.
Issues:
Disqualification of directors under Section 164(2)(a) of the Companies Act, 2013 for default in submitting returns for three financial years. Petition seeking quashing of the disqualification notices dated September 6, 2017, and September 12, 2017. Activation of Director Identification Number (DIN) of the petitioner. Availability of Condonation of Delay Scheme, 2018 (CODS Scheme, 2018) for seeking removal of disqualification. Requirement to comply with CODS Scheme, 2018 for restoration of directorship. Directions issued by the court regarding submission of fees, compliance with CODS Scheme, 2018, and removal of names from the list of disqualified directors. Analysis: The judgment pertains to a writ petition filed by a director of a company, challenging the disqualification notices issued under Section 164(2)(a) of the Companies Act, 2013 due to default in submitting returns for three consecutive financial years. The petitioner sought the quashing of the said notices dated September 6, 2017, and September 12, 2017. The court granted an interim stay on these notices and directed the respondents to activate the Director Identification Number (DIN) of the petitioner. The respondents informed the court that the deficiencies attributed to the directors had been addressed, and attention was drawn to the Condonation of Delay Scheme, 2018 (CODS Scheme, 2018) enabling defaulters to seek removal of disqualification. The court was informed that to avail the benefits of the CODS-2018, the petitioners needed to fill up the CODS Form, pay a fee of ?30,000, and file the required returns. The petitioner expressed the intention to avail the CODS Scheme, 2018. In light of the submissions, the court directed the petitioner to submit the requisite fees within two weeks, following which the respondents would take steps to remove the names of the petitioners from the list of disqualified directors. The court clarified that since the petitioners had already submitted the deficient returns, there was no need to resubmit them along with the writ petition. The orders regarding the removal of names would be posted on the website and communicated to the petitioners within two weeks from the deposit of the requisite form and fees. The writ petition was disposed of accordingly.
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