Full Text
MR.DHINENDERLOHMOR Petitioner
Through MrDhruv Mishra,Advocate.
UNION OFINDIA AND ANR. Respondents
Through MrSanjay Jain,ASG with MsRipu Daman Bhardwaj,CGSC with MrT.p.Singh.
Ml-Dev P.B hardwaj,CGSCfor UOI.
Ml*Sanjay Shorey,JointDirerctorLegal Ministry ofCorporate Affairs and Sh Raesh K.Tiwari, ROC,NCT ofDelhi&Hai*yana MCA for UOI. W.P.(C110510/2017
MRRAJESH AHUJA Petitioner
Through MrDhruv Mishra,Advocate.
Through Mr Sanjay Jain,ASG with MsRipu - Daman Bhardwaj,CGSC with Mr T.p.Singh.
MrDev P.B hardwaj,CGSCfor UOI.
Mr Sanjay Shorey,JointDirerctorLegal Ministry ofCoiporate Affairs and Sh Raesh K.Tiwari, ROC,NCT ofDelhi&Haryana MCA for UOI.
19.12.2017
ORDER
1. Learned counsel for the petitioner seeks to withdraw the present 2017:DHC:8652 petition with liberty to avail of the Condonation of Delay Scheme, 2018 (CODS-2018).He however requests that paragraph 6 ofthe CODS-2018 be clarified.
2. Paragraph 6 ofthe CODS-2018 provides that the scheme is without prejudice to any action under Section 167(2)ofthe Companies Act,2013 or any Civil or Criminal liabilities,ifany,ofsuch disqualified directors during the period they remained disqualified. Mr Sanjay Jain Learned ASG clarifies, on instructions, that this provision would be applicable only in respect ofthose directors who do not avail ofthe CODS-2018.He states that this is amply clarified by the,opening sentence of paragraph 6, which expressly indicates that that the Registrar will withdraw prosecution(s)for all documents filed under the scheme.Thus,the question ofinstituting fresh prosecution againstthose disqualified directors who avail ofthe CODS-2018 does not arise.
3. The petitions are dismissed as withdrawn.
VIBHU EAKHRU,J DECEMBER 19,2017 pkv