TMI Blog2020 (9) TMI 1089X X X X Extracts X X X X X X X X Extracts X X X X ..... uld be totally arbitrary and unreasonable. The petitioner(s) cannot be put in a position worse than those who never challenged the position prevailing before the announcement of the Scheme, before this Court. It is held that the petitioner(s) are entitled to the benefit of the Scheme and they shall not be denied the same only on the ground that their documents were uploaded pursuant to the order passed by this Court in the present petitions, prior to 31.10.2019 - Petition disposed off. - W.P.(C) 1281/2018 & CM Nos.5362/2018, 23242/2020, W.P.(C) 1310/2018 & CM Nos.5419/2018, 23310/2020 - - - Dated:- 25-9-2020 - HON'BLE MR. JUSTICE NAVIN CHAWLA Petitioners Through: Mr. R.K. Handoo, Mr. T. Singhdev and Mr. Tarun Verma, Advs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 69 of the LLP Act in addition to any fee as is payable for filing of such document or return. 3. A large number of representations were received from various quarters for waiver of fee or condonation of delay and relaxations in additional fee on the ground of excessive financial burden. 4. It is also noted that a large number of LLPs are not filing their due statutory documents (i.e. Information with regard to LLP agreement and changes etc., Notice of Appointment of Partner/ Designate Partner etc. and other Annual filing documents i.e. Statement of Account Solvency and Annual Returns) in a timely manner with the Registrar. Form 3 is filed for filing Information with regard to LLP agreement and changes, if any made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ocuments, which were due for filing till 31st October, 2019 in accordance with the provisions of this Scheme. 5. Clause 8(iv)and (v) of the Scheme, as amended by the Circular dated 30.03.2020, grants the following benefit to the defaulting LLPs : (iv) Manner of payment of fee on filing of belated documents for seeking immunity under the Scheme:- The defaulting LLPs may themselves avail this scheme for filing documents which have not been filed or registered in time on the payment of fee as payable for filing of such document or return. Provided that no additional fees shall be payable for filing any belated documents under this scheme. (v) Immunity from prosecution in respect of document(s) filed under the scheme:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rved as under: Pursuant to the orders dated 06.12.2018 and 11.04.2019, the learned counsel for the respondents hands over a copy of the Office Memorandum dated 30.05.2019 issued by the Ministry of Corporate Affairs, which inter alia directs as under:- (2) In respect of those LLPs which file forms 8 and 11 without filing Form-3, system generated notice by way an email would go to the last email address of the LLP, intimating the e-forms 8 and 11 filed by the LLP have been provisionally accepted subject to the LLP filing form-3 within 30 days time of, failing which the form 8 and 11 shall be marked as NTBR. The learned counsel for the petitioners submits that while the above quoted Office Memorandum takes care of the future i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... than those who never challenged the position prevailing before the announcement of the Scheme, before this Court. 15. As noted hereinabove, the uploading of the documents was without prejudice to the rights and contentions of either party and was subject to further outcome of these petitions. The petitioner(s) cannot therefore be denied the benefit of the Scheme. 16. In view of the above, it is held that the petitioner(s) are entitled to the benefit of the Scheme and they shall not be denied the same only on the ground that their documents were uploaded pursuant to the order passed by this Court in the present petitions, prior to 31.10.2019. 17. The applications and the petitions are disposed of with the above directions.\\\ - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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