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TMI Blog2018 (7) TMI 397X X X X Extracts X X X X X X X X Extracts X X X X ..... ’s report in the NCLT in view of which order dated 26th March, 2018 has now been passed by the Principle Bench of the NCLT. There is typing error in last Para of the order regarding activation. I need not enter into that part. Fact remains that in view of these subsequent developments in the litigation, when the auditors appointed have taken steps in terms of the impugned order dated 19th January, 2018 and the steps taken by them have further been questioned before the Principle Bench of NCLT, Delhi and the learned NCLT is seized with the further developments which have taken place in this prolonged litigation, I do not think it would be appropriate for me to interfere in the impugned order and deal with the question whether or not at a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave been disqualified on grounds of non-filing of the Annual Returns and Balance Sheets of the Respondent Company under Section 164(2) of the Companies Act, 2013 by Registrar of Companies vide their notice dated 15.09.2017 issued on the website of MCA disqualifying the applicants namely, Mr. Robin Gupta, Ms. Rajni Gupta and Ms. Manisha Gupta. A scheme has now been floated by the MCA to rectify the default of non-filing of documents under the name Condonation of Delay Scheme 2018 introduced vide General Circular no. 16/2017 bearing F. NO. 02/04/2017-CL-V . This Scheme has been introduced by the MCA providing opportunity to the defaulting companies to clear their defaults in filing the documents within the specified period and seek the ben ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Corporate Affairs for filing of the Returns for the defaulting years, which consequently shall result in restoration of their DINs, this Bench is of the opinion that it would be apposite and expedient to direct the financial statements to be audited by an Independent Auditor for the purpose of laying it before the shareholders and filing them with ROC. 11. In view of the facts and circumstances of the case, this Bench appoints M/s. K.G. Somani and Company, Delight Cinema Building, Gate no. 2, 3rd Floor, Asaf Ali Road, New Delhi( Mobile No. 9899904779, 9871098777), as the Statutory Auditors to audit the accounts for the relevant years. The Auditor shall conduct the audit in a time bound manner to ensure that respondents are able to tak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Mr. Nidesh Gupta and Mr. Arun Kathpalia, learned Senior Counsels have sought to controvert the aforesaid factual position by submitting that in the member register only the shareholding could be shown but as a matter of fact it is investment and therefore, it cannot be regarded as the shareholding of respective parties. However, it could not be successfully disputed that the Kolkatta Bench has passed an order which has attained finality and C.P. No. 38(ND)/ 2016 for rectification of the member register is pending consideration before this Tribunal. In view of the above we are prima-facie of the view that the auditors have mixed up the entries and have prepared the audited report by taking into consideration pre transfer data. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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