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TMI Blog2020 (12) TMI 1137X X X X Extracts X X X X X X X X Extracts X X X X ..... on of DIN and DSC) 2. The Petitioners are Directors of Nanda Industrial Consultants Private Limited. The present writ petitions have been preferred seeking directions for reactivation of their Director Identification Numbers (hereinafter 'DINs') and Digital Signature Certificates (hereinafter 'DSCs') numbers in order to enable them to file the necessary documents. The said numbers of the Petitioners have been deactivated owing to non-compliance and non-filing of balance sheets and returns of the Company for several years. The Petitioners were initially disqualified from acting as Directors, under Section 164(2)(a) of the Companies Act, 2013 which then resulted in deactivation of DIN and DSC numbers. 3. The writ petition was initially list ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. The present applications seek re-activation of the DINs and the DSCs, as the Petitioners wish to avail of the Scheme of 2020, which is available until 31st December 2020. As per the said scheme, the Directors can make good their defaults, by filing the returns in terms of the scheme. The details of the said scheme have also been considered by a Ld. Single Judge in judgment dated 2nd September 2020, in WP(C) 5490/2020, titled Sandeep Agarwal and Anr. Union of India and Anr., dated 2nd September 2020. The Court has held: "11. In the present case, the facts and circumstances show that the Companies Fresh Start Scheme (CFSS) is a new scheme, which has been notified on 30th March, 2020. This Scheme was not invoked before the Ld. Division Be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner of payment of normal fees for filing of belated documents and seeking immunity under the Scheme - Every defaulting company shall be required to pay normal fees as prescribed under the Companies (Registration Offices and Fee) Rules, 2014 on the date of filing of each belated document and no additional fee shall be payable. Immunity from the launch of prosecution or proceedings for imposing penalty shall be provided only to the extent such prosecution or the proceedings for imposing penalty under the Act pertain to any delay associated with the filings of belated documents................ xxx (ix) Scheme not to apply in certain cases - This scheme shall not apply :- a. to companies against which action for final notice for striking ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rosecution has been launched or penalty has been imposed for the delay associated with the filings of belated documents, it provides that the same shall not be launched and immunity has been provided; vi) Applications can be made for seeking immunity in respect of belated documents. Once the documents are taken on file or approved by the designated authority, such applications would have to be filed within six months from the date of closure of the Scheme; vii) To avail benefit of the Scheme, the defaulting company would have to withdraw any appeal that it may have filed against prosecution launched or orders passed by a court or adjudicating authority under the Act; viii) If a final notice of striking off of a company has already ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 64 of the Companies Act, 2013. 8. The judgement in Mukut Pathak & Ors (supra) is still under consideration before the ld. Division Bench in similar matters. However, the last date to apply under the Scheme is 31st December 2020. As observed in Sandeep Agarwal (supra), the purpose of the Scheme is to give an opportunity to companies to regularize their affairs. In the present cases, the first period of disqualification has already ended. The second period of disqualification of five years as per notice dated 15th September 2017 ends on 31st October 2021. A substantial period of the disqualification has already been undergone by the Petitioners. Re-appointment of new directors, seeking approval for the same and then filing documents of the C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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