TMI Blog2020 (9) TMI 1088X X X X Extracts X X X X X X X X Extracts X X X X ..... 11) TMI 319 - DELHI HIGH COURT ] decision, the Petitioner does not demit office and would be entitled to act as a Director in DCDPL. Whether the Petitioner can file the Returns on behalf of the defaulting company DCDPL, which wishes to avail of the Scheme? - HELD THAT:- The answer to the same would be in the affirmative. As held by this Court recently, vide order dated 2nd September 2020, in Sandeep Agarwal Anr. Vs. Union of India Anr [ 2020 (9) TMI 175 - DELHI HIGH COURT ] the purpose of the Scheme is to provide an opportunity for active companies, who may have defaulted in filing of documents, to put their affairs in order. The Scheme is a fresh lease of life given to defaulting companies, which are not yet declared `Inactive , to file their returns and do their businesses in accordance with law - The scheme is an ENABLER and not a DISABLER for defaulting but active companies. The Petitioner would be entitled to avail of the Scheme to file documents of the defaulting company, which is still an active company whose name has not been struck off. Petition allowed. - W.P.(C) 5522/2020 and CM APPL. 19889/2020, 19890/2020 - - - Dated:- 18-9-2020 - JUSTICE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /2018), dated 6th August 2018, to argue that the order of the Bombay High Court, by which the DIN numbers were reactivated was stayed by the Supreme Court. 5. Mr. Santosh Kumar, the ROC has also joined the proceedings. As per the affidavit filed by the ROC, Delhi the Scheme applies for defaulting active companies and permits them to file belated documents. However, the same does not extend to cure the disqualification of the directors. The relevant paragraph of the affidavit is extracted below: - 13. That the Company Fresh Start Scheme (CFSS), 2020 is applicable for defaulting active companies to file the belated document and doesn t not extent to cure the disqualification of directors as disqualified directors are not eligible to file return on behalf of company. If there are no authorised signatories/director left in the company to file documents in CFSS 2020, then the company may approach the jurisdictional ROC with formal request to add one new director to avail CFSS, 2020 from backend and file the belated documents. However, in the company Delhi Control Devices Private Limited, the other two directors are also disqualified for the period of 01.11.2017 to 31.10.2022. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trar of Companies, Maharashtra [W.P. 148 of 2018]. In the said case the question before the Bombay High Court was whether disqualified companies could avail of the benefit of the `Condonation of Delay Scheme, 2018 (hereinafter, COD Scheme ). The Bombay High Court, after considering the matter, held that the writ petitions would be disposed of in terms of the directives contained in the Delhi High Court s order dated 21st December, 2017, in Trilokchand M. Kothari v. Union of India [W.P(C) 11381/2017]. The Bombay High Court also directed that the DIN and DSC of the Petitioners in the said cases would be activated. This judgment of the Bombay High Court has been stayed by the Supreme Court vide order dated 6th August 2018. 9. In Trilokchand M. Kothari (supra), the Delhi High Court was dealing with a case involving the disqualification of Directors and companies who intended to avail of the CODS Scheme. A perusal of the said order reveals that the same has been passed in the peculiar facts and circumstances of the said cases. A perusal of the said order also shows that the stay of disqualification was granted only to enable the company to file its returns. The decisions in T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... documents, which were due for filing on any given date, as per the Scheme. Normal fee would be payable for such filing by the defaulting company under the Companies (Registration Offices and Fee) Rules, 2014 and no additional fee shall be payable; v. To the extent that any prosecution 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 been initiated or in certain other situations as enumerated in Clause 6(ix), the Scheme would not apply; ix) If immunity is granted, the Scheme provides that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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