TMI Blog2020 (12) TMI 1137X X X X Extracts X X X X X X X X Extracts X X X X ..... intment of new directors, seeking approval for the same and then filing documents of the Company under the Scheme, would be an impractical solution. Thus, while leaving the questions of law open, in the facts and circumstances of these two cases, in order to enable the Petitioners/Directors to avail of the Scheme, this Court directs that the DINs and DSC of the Petitioners be reactivated within 24 hours. Since the ld. counsel for the Registrar of Companies (ROC) are appearing before this court today, the ROC need not wait for a copy of this order in order to reactivate the DINs/ DSCs - Petition disposed off. - W.P.(C) 5534/2020 AND W.P.(C) 5550/2020 - - - Dated:- 28-12-2020 - HON'BLE MS. JUSTICE PRATHIBA M. SINGH AND HON'BLE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ugust 2020, the petitions were directed to be listed before the Ld. Division Bench to be taken up along with other petitions raising identical issues. On 27th August 2020, notice was issued by the Ld. Division Bench and the matters were listed on 1st October 2020. 4. The submission of the Petitioners/Applicants is that the present case is squarely covered by the judgment of the ld. Single Judge in Mukut Pathak Ors. V. Union of India Ors., 265 (2019) DLT 506 and since there is no stay of the judgement of the Ld. Single Judge, the DSC and DIN numbers be reactivated to enable the Petitioner to avail of the Companies Fresh Start Scheme 2020 (hereinafter, Scheme ). 5. Heard Mr. Jaspreet Singh and Ms.Parashar, ld Counsels for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lification. The Scheme also envisages non-imposition of penalty or any other charges for belated filing of the documents. The relevant provisions of the said Scheme are set out below: 4. In order to give such an opportunity to the defaulting companies and to enable them to file the belated documents in the MCA-21 registry, the Central Government in exercise of powers conferred under section 460 read with section 403 of the Companies Act, 2013 has decided to introduce a Scheme namely Companies Fresh Start Scheme, 2020 (CFSS-2020) condoning the delay in filing the above mentioned documents with the Registrar, insofar as it relates to charging of additional fees, and granting immunity from launching of prosecution or proceedings for imp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the company from the register of companies; c. to companies which have amalgamated under a scheme of arrangement or compromise under the Act; d. to vanishing companies; e. Where any increase in authorized capital is involved (Form SH-7) and also charge related documents (CHG-1, CHG-4, CHG-8 and CHG-9); 12. The salient features of the Scheme are: i) It has been launched to facilitate a fresh start, on a clean slate, for companies registered in India; ii) Alleviative measures under the Scheme are for the benefit of all companies. It gives an opportunity to file belated documents in the MCA-21 Registry in respect of annual filings, without being subject to higher additional fee on account of delay; iii) It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned Court and the proceedings for penalties shall also be closed. x) The Scheme also extends to inactive companies who can file the requisite documents and get themselves declared as dormant companies under Section 455 or apply for striking off the name of the company. 13. This Scheme provides an opportunity for active companies who may have defaulted in filing of documents, to put their affairs in order. It thus provides Directors of such companies a fresh cause of action to also challenge their disqualification qua the active companies. In the present case, the Petitioners are Directors of two companies one whose name has been struck off and one, which is still active. In such a situation, the disqualification and cancellati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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