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TMI Blog2018 (3) TMI 2024X X X X Extracts X X X X X X X X Extracts X X X X ..... individual counter in each cases by the respondents, this Court is of the considered view that as an interim measure, the order passed by the Division Bench of the Delhi High Court is to be applied to the present cases as well so that a uniformity will be maintained among the equals. Since this Court has entertained several writ petitions arising out of the same set of facts and granted interim order of stay and since all those writ petitions are not listed today, the following order will cover not only these petitioners and also the other petitioners, who have filed similar writ petitions before this Court, which are pending with interim orders granted therein. The respondents are directed to forthwith activate the DIN number of each writ petitioner in whose favour, the interim order of stay has been granted by this Court. - Hon ble Mr. Justice K. Ravichandrabaabu For the Petitioner : Mr. P.H. Aravind Pandian Senior Counsel for M/s. C.V. Shailandhran, Mr. K. Subramanian Senior Counsel M/s. S. Punniyakoti Mr. P.H. Aravind Pandian Senior Counsel for M/s. Cibi Vishnu. For the Respondents : Mr. G. Karthikeyan Asst. Solicitor General. ORDER 1. In all thes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. So far as the writ petitions in whose favour interim order staying the effect and operation of the notices dated 6th September, 2017 and 12th September, 2017 are concerned, the respondents shall forthwith activate the DIN number. 14. Our attention has been drawn to the Condonation of Delay Scheme, 2018 (hereinafter referred to the CODS Scheme, 2018 ) floated by the respondents, enabling such defaulters to seek removal of the disqualification. It is submitted that in case the petitioners wish to avail the benefit of restoration of the directorship, they would be required to comport to the requirements of this Scheme. These requirements include payment of fees and other charges under Clause 4 as well as submission of the deficient returns and documents. 15. It appears that under the CODS-2018 Scheme, the respondents were accepting the returns under the Scheme only in an e-format. However, for the reason that the names of the Companies in which the petitioners are directors stand struck off, we are informed that the office of the Registrar of Companies would not accept any e-filing by these petitioners. 16. On a perusal of the Scheme, we also find that under Clau ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts having been effected in due compliance with the requirements of CODS-2018 Scheme with the respondents of course subject to making good any shortcomings which may be pointed out by the respondents. 24. We make it clear that so far as the deposits under the CODS-2018 Scheme are concerned, the 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. 25. 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, appropriate orders regarding revalidation/substitution of the drafts/instruments can be made at the time of final disposal. 27. We, therefore, direct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ents and shall abide further orders by this Court. c) Each petitioner is directed to deposit the fee of Rs.30,000/- and any other charges which are payable under the CODS2018 Scheme in the Registry of this Court to the credit of their respective writ petitions by way of fixed deposit receipts in the name of the Registrar General of this Court for a period of one year which shall be kept renewed till further orders from this Court. d) Each petitioner shall enclose a computation and the basis on the amount, which has been deposited, while making such deposit, after furnishing a copy of the same to the respondents. e) Such deposits of charges with the Registry, as stated supra, are permitted to be made and entertained till 09th April, 2018. f) The submission of the documents with the Registrar of Companies and deposits made in this Court, as stated supra, shall be deemed to be compliances and the deposits having been effected in due compliance with the requirements of CODS-2018 Scheme with the respondents subject to making good any short comings which may be pointed out by the respondents in future. g) The deposits under the CODS-2018 Scheme, as stated supra, shall have ..... 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