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TMI Blog2018 (5) TMI 331X X X X Extracts X X X X X X X X Extracts X X X X ..... m, 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. We, therefore, direct that an individual counter affidavits dealing with the factual averments in this writ petition shall be filed separately within a period of six weeks as prayed. The full details of the issuance and service of the notice(s) shall be placed on record with copies of the support ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the said company from the Register of Companies. 6. The writ petitioners have raised several questions of fact and law challenging these acts and orders of the Registrar of Companies. Inter alia, it has been contended that the action of the Registrar of Companies in disqualifying the petitioners under Section 164(2)(a) as well as the striking off the name of the company under Section 248 of the Companies Act, 2013 are both in gross violation of the principles of natural justice. 7. A challenge has also been laid to the retrospective application of provisions of the Companies Act, 2013 especially given the fact that the consequences of the respondents action are in the nature of a penalty upon the petitioners as well as the companies ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion and are of grave importance so far as the working of the spirit, intendment and object of the Companies Act, 2013, more specifically the manner in which the respondents would operate Sections 164 and 248 of the enactment. 11. Issue notice to the respondents. Mr. Vikram Jetly, learned CGSC accepts notice on behalf of the respondents. 12. Till the next date of hearing, there shall be a stay of the notices dated 6th September, 2017 and 12th September, 2017 whereby the petitioner was declared disqualified as Director under Section 164(2)(a) of the Companies Act, 2013. 13. The DIN numbers of the petitioners shall be forthwith revived. 14. Our attention has been drawn to the Condonation of Delay Scheme, 2018 (hereinafter referred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me, which was expiring on 31st March, 2018 and further extended till 30th April, 2018, shall now stand extended till 15th May, 2018 so far as the petitioners are concerned. 18. It also cannot be denied that so far as the legal submissions are concerned, several other writ petitions have raised identical questions of law and for this reason, are required to be heard together. 19. 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 w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... same have to be made by and on behalf of the Company concerned. As such, the payment or deposit by any one director shall be treated to have been made for and on behalf of the company. Other directors would not be required to duplicate the payments even though they may have filed separate writ petitions. 24. 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, appropria ..... X X X X Extracts X X X X X X X X Extracts X X X X
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