TMI Blog2023 (1) TMI 692X X X X Extracts X X X X X X X X Extracts X X X X ..... ithin the extended period of 31st March, 2021 - this Court does not see any merit in the prayer of the Petitioner for permitting to file the form AOC-4 or Form MGT-7 in respect of its AGM dated 28th September, 2019 without additional fee and penalty. The present writ petition is without any merit and is, accordingly, dismissed. - W.P.(C) 1442/2022 & CM APPL.4193/2022 - - - Dated:- 16-1-2023 - JUSTICE PRATHIBA M. SINGH For the Petitioner : Mr. Vishal Gupta, Authorised Representative. For the Respondents : Mr. Dev P. Bhardwaj and Ms. Anubha Bhardwaj, Advocates (9810118825). Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. An adjournment is again sought by the authorised represe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... December, 2020. However, on the said date, the MCA website crashed and was not restored. 7. Thus, it is prayed by the Petitioner that an extension be given to the Petitioner for uploading the said documents without any additional fee of penalty. 8. Heard. It is seen from the record that the General Circular No. 11/2020 dated 24th March, 2020 gave an extension of time for filing documents, returns and statement etc. due to the outbreak of Covid-19 to various companies and limited liability partnerships for filing/uploading of the documents. 9. Thereafter, on 30th March, 2020 the Company Fresh Start Scheme, 2020 was also launched and in terms of the said scheme, the companies who had not yet filed documents on the MCA website were g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2020 and are liable to be levied additional fees upon filing of overdue e-forms. 3. The matter has been examined and it has been decided that the aforementioned companies may be provided the benefit of waiver of additional fees in respect of overdue filings to be made by them pursuant to the NCLT Order under section 252 of the Act, without any immunity from civil/criminal proceedings, etc. 4. Accordingly, the Central Government in exercise of its powers conferred under section 460 read with section 403 of the Act has decided to introduce the Scheme namely, Scheme for condonation of delay for companies restored on the Register of Companies between 01 December 2020 and 31 December 2020, under section 252 of the Companies Act, 2013 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Petitioner on 3rd July, 2021 seeking waiver of the penalty/additional payment. 14. After perusing the said documents, it appears that the Petitioner was not ready to upload these documents either on 31st December, 2020 or even within the extended period of 31st March, 2021. 15. Under such circumstances, this Court does not see any merit in the prayer of the Petitioner for permitting to file the form AOC-4 or Form MGT-7 in respect of its AGM dated 28th September, 2019 without additional fee and penalty. 16. It is made clear that the Petitioner is free to upload its forms in accordance with law, including any other applicable penalty/additional payment. 17. In light of the above, the present writ petition is without any me ..... X X X X Extracts X X X X X X X X Extracts X X X X
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