TMI Blog2018 (2) TMI 1572X X X X Extracts X X X X X X X X Extracts X X X X ..... s clarified that if the petitioner does not avail of the CODS-2018 or file the necessary documents as required, in addition to other consequences, the petitioner would also be liable to be prosecuted for Contempt of Court. - W.P.(C) 9449/2017 & CM No.38432/2017 - - - Dated:- 29-1-2018 - MR. C. HARI SHANKAR GITA MITTAL JJ. Petitioner Through: Mr. Ranjeet Raut, Adv. Respondent Through: Mr. Gaurav Rohilla, Adv. for R-1 2. JUDGMENT (ORAL) GITA MITTAL, ACTING CHIEF JUSTICE 1. The petitioner in this case is a promoter Director in several companies engaged in the real estate business which forms part of the Krrish Group . On 24th April, 2010, the petitioner was appointed as a Director of M/s Arnav Buildwell Pvt. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Director inter alia for the reasons that the authorities have failed to comply with the principles of natural justice and that no notice to show cause was issued to the petitioner. 6. It is further asserted that the petitioner ought to have been given a reasonable opportunity to cure defects for which no fault could be attributed to him inasmuch as he has tendered his resignation. 7. We are informed by the ld. counsel for the petitioner that so far as M/s. Arnav Buildwell Pvt. Ltd. is concerned, this company is functional and has not incurred any penalties under Section 248(1) of the Companies Act, 2013 and stands validly registered with the Registrar of Companies maintained by the respondent no.2. 8. Premised on these facts, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d online to the Registrar of Companies. 12. It is clarified that if the petitioner does not avail of the CODS-2018 or file the necessary documents as required, in addition to other consequences, the petitioner would also be liable to be prosecuted for Contempt of Court. 13. It is further clarified that the aforesaid order is made on the basis of the unequivocal statements made on behalf of the petitioner above and in the event the statements are found to be incorrect, the petitioner would be liable to be proceeded against contempt of court in addition to being subjected to other proceedings. 14. Interim order passed by us by order dated 27th October, 2017 shall continue till the disposal of the application under the CODS-2018 Sche ..... X X X X Extracts X X X X X X X X Extracts X X X X
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