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TMI Blog2018 (1) TMI 877X X X X Extracts X X X X X X X X Extracts X X X X ..... vail the benefits under the CODS-2018 Scheme; (ii) The petitioners would also submit the necessary application under CODS-2018 Scheme along with its requisite charges; (iii) The aforesaid documents and applications will be submitted online to the Registrar of Companies. - W.P.(C) 126/2018 & CM No. 572/2018 - - - Dated:- 10-1-2018 - MR. C. HARI SHANKAR GITA MITTAL JJ. Petitioners Through: Mr. Rohit Bansal and Mr. Siddharth Negi, Advs. Respondents Through: Ms. Prema Priyadarshini and Mr. Ashish Shaw, Adv. for R-1 2 JUDGMENT (ORAL) GITA MITTAL, ACTING CHIEF JUSTICE 1. Issue notice to show cause as to why rule nisi be not issued. 2. Ms. Prema Priyadarshini, Advocate accepts notice for the respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Register of Companies. The company failed to respond to this notice to show cause, resulting in passing of an order of removal of the company from the Register of Companies maintained by the respondent No.2. 9. We are informed by the ld. counsel for the petitioners that the company has invoked its remedy under Section 252(3) of the Companies Act, 2013 by way of filing a petition being (IB)-334/ND/2017 before the National Company Law Tribunal (hereinafter referred to as NCLT ) praying for revival of the company. 10. Before us as well, the petitioners have submitted that the non-filing of the documents was a bona fide mistake on the part of company without any mala fide intention and it has been unequivocally stated that the compa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondent no.2 is itself pending consideration before the NCLT, the petitioners deserve to be fairly given an opportunity to avail the benefit of CODS-2018 Scheme. 15. In view of the above, it is directed as follows: (i) The petitioners may file all the requisite returns in relation to the company in order to enable them to avail the benefits under the CODS-2018 Scheme; (ii) The petitioners would also submit the necessary application under CODS-2018 Scheme along with its requisite charges; (iii) The aforesaid documents and applications will be submitted online to the Registrar of Companies. 16. As noted above, the appeal bearing no.(1B)-334/ND/2017 has been filed. NCLT is therefore, requested to dispose of the sam ..... X X X X Extracts X X X X X X X X Extracts X X X X
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