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TMI Blog2018 (3) TMI 1800X X X X Extracts X X X X X X X X Extracts X X X X ..... d order of disqualification as a director but during the course of the arguments learned Counsel appearing for the petitioners have prayed that they will be satisfied in case this Court is willing to accept their contention about their entitlement for availing the benefit of CODS2018. In this view of the matter we are not going into the matter of disqualification. All contentions thereto are kept open. Learned ASG has pointed out that the appeals against the order passed by the learned Single Judge of the Delhi High Court are pending. It is, however, pointed out that the operation of the order passed by the Delhi High Court has not been stayed. It is stated across the bar that in fact the order passed by the Delhi High Court is already i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bobe for Petitioner in (AS) WP/3253/2018. Ms Armin Wandrewala a/w Mr. Manan Jaiswal I/b Mr. Sutapa Saha for Petitioner in W. P. (L) No. 861/2018 Mr. Anil C. Singh, ASG a/w. Mr. Aditya Thakkar, Mr. Ashish Mehta, Ms. Carina Xavier, Mr. Shashwat Rai and Ms. Kajal Malkan for Respondent Union of India. ORDER (PER M.S. KARNIK, J.) : The issue involved in all these petitions is common. The petitioners are challenging their disqualification as directors under Section 164 (2) of the Companies Act, 2013 (hereinafter referred to as 'the said Act' for short) for non filing of financial statements and annual returns by the respective companies of which they are directors for the consec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. Learned Senior Counsel has also placed reliance on the decision of the High Court of Hyderabad in the case of Dr.Reddy's Research Foundation Vs. Ministry of Corporate Affairs in Writ Petition No. 32575 of 2017 decided on 6 th October , 2017. In terms of the order passed by the Delhi High Court, learned Senior Counsel Shri Dada appearing for the petitioners makes an unequivocal statement, on instructions of the petitioners, that the petitioners are desirous of availing the 'Condonation of Delay Scheme, 2018 (hereinafter referred to as 'CODS2018'). However, since the company has been struck off from the Register of the companies, they have been disabled from availing the benefits of CODS2018. 3. Learned Senior Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence of law for non compliance thereof must follow. In his submission, the petitioners are virtually seeking amendment of the CODS2018 which does not cover the petitioners. He invited our attention to the decision of the Apex Court in the case of State of J K Vs. A.R. Zakki reported in 1992 Supp (1) SCC 548 in support of his submission that it is settled law that the Court cannot amend or direct the Government to amend either law or subordinate legislation. In his submission, the petitioners who have allowed their companies to merely exist on paper without doing any business and without having taken appropriate steps to comply with the provisions of the said Act cannot now be heard to complain of the consequences of breach. 5. W ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itioners, on instructions, have submitted that they undertake not to revive in future the companies which were struck off from the register of company on account of non filing of requisite statements and annual returns. 9. The petitioners were appointed as directors on the Board of Directors of the companies. The names of those companies were struck off from the register of the companies on account of failure to file requisite financial statements and annual returns. Furthermore, the petitioners submitted that the companies have not been carrying on business for more than three years. It is pointed out that the petitioners are also the directors on the Board of other companies, which are active and functional. As the names of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or till such time the respondents take requisite decision with regard to the request of the petitioners made to them in consonance with the provisions under Section 248(2) of the said Act, 2013 and under the CODS2018. 14. As indicated earlier, the petitioners forthwith to do the needful, in any case within a period of seven days from today. In addition thereto, for the present, the Registrar of Companies will also activate the petitioners' DIN and DSC. 15. The Writ Petitions are disposed of in the above terms. 16. Parties to act on the authenticated copy of this order. 17. At this stage the prayer has been made on behalf of the respondents to stay the operation of this order for a week. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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