TMI Blog2021 (3) TMI 1395X X X X Extracts X X X X X X X X Extracts X X X X ..... ed date, cannot be accepted in view of the provisions contained in the scheme itself which came into force only on or after 15.01.2021. The applicability of the scheme is confined to only those companies, for which restoration was ordered between 01.12.2020 and 31.12.2020. There is nothing in Ext.P4(b) which provides that, mere filing of an appeal would enable the companies to avail the benefit of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at, certain defects were noticed in that application on 02.12.2020. Petitioner claims that thereafter, when e-filing was commenced under the 2nd respondent, the petitioner submitted it's application online. The Registrar of Companies had filed Ext.P7 report in it on 17.12.2020. It is stated that the case was listed on 05.01.2021. NCLT passed Ext.P10 order on it on 12.01.2021, directing to rest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 31.03.2021, for the Companies which were ordered to be restored between 01.12.2020 and 31.12.2020. 3. Adv.Sri.T.V.Vinu, the learned CGC has filed a statement on behalf of the 1st respondent. It is stated that Ext.P4(b) scheme -'Scheme for Condonation of Delay for Companies Restored on the Registrar of Companies between 01.12.2020 and 31.12.2020 under Section 252 of Companies Act 2013' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mentioned in Ext.P4(b) was not available at the time when the petitioner approached the NCLT. 4. Having heard the learned Counsel on both sides, it is necessary to have a look at the relevant provisions in Ext.P4(b) scheme, of which Clause 5 reads as follows; 5. The details of the Scheme are as under:- (i) The Scheme shall come in to effect from 01 February 2021. (ii) Applicabi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y those companies, for which restoration was ordered between 01.12.2020 and 31.12.2020. There is nothing in Ext.P4(b) which provides that, mere filing of an appeal would enable the companies to avail the benefit of the scheme, even if the appeal irrespective of the date of disposal of the appeal directing restoration. 6. Therefore, I do not find any merit in the claim of the petitioner. At any ..... X X X X Extracts X X X X X X X X Extracts X X X X
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