9911796707
TMI Blog2024 (7) TMI 484X X X X Extracts X X X X X X X X Extracts X X X X ..... tored on the Register of Companies between 01st December, 2020 and 31st December, 2020. Despite the fact that the Scheme for condonation of delay was already in existence, this Court did not extend the benefit of the Scheme to the Petitioners herein. Meaning thereby, this Court while exercising its jurisdiction under Article 226 of the Constitution of India only directed that the name of the Petitioners to be restored subject to the payment of requisite fees by the Petitioners which actually meant that the Petitioners had to pay the late fees. The Petitioners by way of the present writ petitions cannot now seek the relief which this Court had not given in the Order dated 11.02.2021. The Petitioners will have to pay the late fees in order to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 stating that the name of the Petitioners has been struck off from the Registrar of Companies on 07.06.2017 for non-filing of returns. The Directors of the Petitioners were disqualified for a period of 5 years for defaulting in filing of annual returns and financial statements under Section 164 (2) (a) read with Section 167 of the Companies Act and consequently, the Director Identification Number (DIN) and the Digital Signature Certificate (DSC) of the Directors were de-activated. 4. A writ petition being W.P.(C) 9088/2018 titled Mukut Pathak and Ors. vs. Union of India and Ors was filed by the Directors of both the companies. The writ petition was filed with a prayer that the disqualification of the Directors be revoked and DIN and DSC ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oning the delay in filing of forms with the Registrar of Companies. This Scheme was made applicable in respect of companies in respect of whom the appeal filed under section 252 of the Companies Act with the respective NCLT Bench for the restoration of the name of the company was disposed of between 01.12.2020 and 31.12.2020, with an order for restoration of the company. The Scheme was valid till 31.03.2021. 6. It is pertinent to mention that this Court vide Order dated 04.11.2019 passed in W.P.(C) 9088/2018 titled Mukut Pathak and Ors. vs. Union of India and Ors had only revoked the disqualification of the Directors and this Court had directed that Respondents to re-activate the DIN and DSC of the Directors and there was no direction for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nded. The Petitioners also gave a representation on 17.03.2021 seeking waiver of additional fees which has not been considered by the Respondents, and therefore, the Petitioners have approached this Court by filing the instant writ petitions primarily for waiver of additional fees. 9. It is the contention of the learned Counsel for the Petitioners that this Court on 11.02.2021 had permitted the Petitioners to file their annual returns and balance sheets and therefore, the Petitioners are covered by the Scheme Companies Fresh Start Scheme, 2020 and also the Scheme for condonation of delay for companies restored on the Register of Companies between 01st December, 2020 and 31st December, 2020 under section 252 of the Companies Act. 2013 floate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the benefit of the Orders of the NCLT because of the ongoing COVID-19 pandemic, whereas the Petitioners got the Order by this Court in their favour only on 11.02.2021 i.e., after the Scheme expired and therefore, the Petitioners are not entitled to the benefit of the Scheme for condonation of delay which was brought in by the Respondents on 15.01.2021. 12. Heard learned Counsel appearing for the Parties and perused the material on record. 13. The entire case of the both the Petitioners revolves around the Order dated 11.02.2021 passed by this Court. The paragraph Nos. 4, 5, 6, 7 and 8 of the Order dated 11.02.2021 reads as under: 4. It is submitted by Mr. Vaibhav Dang, ld. counsel appearing for the Petitioners that under Section 248(1)( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ructions about filing of the balance sheets and financial returns, as also the annual returns. He admits that the annual returns were filed in 2018 in W.P.(C) 5803/2020, however the financial statements and balance sheets were not filed since 2013. In W.P.(C) 5831/2020, the same was never filed. 8. Considering that the remedy for the Petitioners is to approach the NCLT, which is merely an alternative remedy and in the factual background of these cases wherein the ROC has no objection to restoring the companies if the Petitioners are willing to make good the said returns and balance sheets and file the same in accordance with the procedures prescribed under the Companies Act, 2013, it is directed that the names of the companies be restored. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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