Delhi HC allowed to petitioner for filing documents under CODS 2018 till May 15, 2018

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Delhi HC allowed to petitioner for filing documents under CODS 2018 till May 15, 2018

Delhi High Court allowed to Prem Paul Verma for filing documents under CODS 2018 scheme till May 15, 2018.

  • Petitioners Name  – Prem Paul Verma & Anr. Image result for Delhi High Court Order
  • Respondent Name – Union of India & Ors.
  • Writ Petition Number –  4344/2018

In the Petition, the Counsel for the petitioner contended that the respondents had via a notice issued under Section 164(2)(a) of the Companies Act, 2013 disqualified the petitioners as Directors in the Companies in which they were directors. Also, the name of the Company was struck off from the Register of Companies under Section 248(1) of the Companies Act, 2013. The Writ Petition challenges the above actions of the respondent.

The Court issued notices to the respondent and till the date of next hearing, the notices issued by the respondent were stayed. The Court noted that under the CODS, 2018 the Department were accepting the returns under the Scheme only in e-format and because of the removal of names of their Companies in which the petitioners are directors, the Office of Registrar of Companies would not accept any e-fillings by those petitioners. In order to comply with the Scheme, the applicant company has to pay charges including the fee of Rs. 30,000/- for filing the application. The Counsel for the respondents asserted that it would not be possible for them to accept any charges for those companies.

CURX OF ORDER

The last date for filing under the CODS-2018 Scheme is 30th April, 2018. However, 30th April, 2018 has been declared as a gazetted holiday on account of Budh Purnima and 27th and 28th April, 2018 are also non-working days being weekend. As such, the date for filing under the CODS-2018 Scheme, which was expiring on 31st March, 2018 and further extended till 30th April, 2018, shall now stand extended till 15th May, 2018 so far as the petitioners are concerned.

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