TMI Blog2023 (3) TMI 248X X X X Extracts X X X X X X X X Extracts X X X X ..... d only in 2019 and the DIN restored in September, 2020 after filing of a writ petition. If there was any delay in processing of the DIN restoration pursuant to the orders, which were passed by this Court in RAVINDER SINGH CHAUHAN VERSUS MINISTRY OF CORPORATE AFFAIRS ANR [ 2020 (9) TMI 1285 - DELHI HIGH COURT] , the Petitioner ought to have availed of its remedies in accordance with law to ensure restoration of the DIN during the subsistence of CFSS. The Petitioner cannot be seen as being recalcitrant in its filing of documents and forms and choose to seek extension of benefits of CFSS, which is merely an alleviating measure. The said Scheme starts by saying that the alleviating measure has been introduced by the government primaril ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... For the Respondents : Mr. Ajay Digpaul, CGSC along with Mr. Kamal R. Digpaul and Ms. Swati Kwatra, Advocates for UOI. Prathiba M. Singh, J.(Oral) 1. This hearing has been done through hybrid mode. 2. In this matter on 10th February, 2023, a short affidavit was directed to be filed by the Respondent within one week. The same is stated to have been filed on 24th February, 2023 by Mr. Digpaul, ld. CGSC vide diary number 341041. However, the same is not on record. 3. It is noticed that in a large number of matters, the affidavit/other pleadings are filed by the parties. However, on the date when the matters are listed, for whatever reasons including the delay, the Registry does not put the same on record. It is directed that in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed vide order dated 27th February, 2019 passed by the NCLT. The operative portion of the said order reads as under: 13. Accordingly, this appeal is allowed. The Public Notice of Registrar of Companies striking the name of the company is set aside. The restoration of the company's name to the Register of Registrar, of Companies is ordered subject to its filing of all outstanding documents with proper filing fees along with additional fees required under law and completion of all formalities, including payment of any late fee or any other charges which are leviable by the respondent for the late filing of statutory returns, and also subject to payment of cost of Rs.25,000/ to be paid to Prime Minister's Relief Fund. The name of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... kut Pathak Ors. v. Union of India Anr. 9. Accordingly, the DIN of the Mr. Ravinder Singh Chauhan was to be restored by the ROC. The Petitioner filed an application for restoration of the same on 23rd October, 2020. In the meantime, the CFSS was announced by the Ministry of Corporate Affairs on 30th March, 2020. The said scheme was in operation between 1st April, 2020 till 30th September, 2020. Vide order dated 28th September, 2020 passed by the Ministry of Corporate Affairs, the said scheme was extended till 31st December, 2020 The said extension order reads as under: Subject: Extension of Companies Fresh Start Scheme, 2020. Sir/Madam, In continuation to this Ministry's General Circular No.12/2020 dated 30.03.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as the DIN was required of both directors. The delay in restoring the DIN is purely a delay by the ROC. Further, the Petitioner cannot be deprived of the CFSS. 12. On the other hand, ld. Counsel for the Respondents submits that the Petitioner company had two directors namely Mrs. Chandra Prabha and Mr. Ravinder Singh Chauhan till the year 2020. Thereafter, with effect from 2021, a third director i.e. Mr. Virender Singh Chauhan was also added. Ld. Counsel submits that the issue, in the present case is that the Petitioner was in default for several years and had not filed the documents. Various other documents including form DIR 12 etc. were submitted with digital signature of Mrs. Chandra Prabha, however, for whatever reasons, the balanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Petitioner cannot be seen as being recalcitrant in its filing of documents and forms and choose to seek extension of benefits of CFSS, which is merely an alleviating measure. The said Scheme starts by saying that the alleviating measure has been introduced by the government primarily in view of the COVID-19 pandemic and was extended in view of the same. 15. The Petitioner has been a consistent defaulter in filing the documents and forms including the balance sheets for over several years. Thus, the CFSS cannot be extended in this manner beyond the date of operation inasmuch as there were a large number of companies, which were disqualified and if benefit under CFSS is extended to such companies beyond the date, the said scheme would be ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
