Mr. Rajesh Ahuja v. Union Of India And ANR.

r Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

$-131 &

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.ICl 10497/2017 MR. DHINENDER LOHMOR Petitioner Through Mr Dhruv Mishra, Advocate.

versus UNION OF INDIA AND ANR.

Respondents Through Mr Sanjay Jain, ASG with Ms Ripu Daman Bhardwaj, CGSC with Mr T.p. Singh.

Ml- Dev P. B hardwaj, CGSC for UOI.

Ml* Sanjay Shorey, Joint Direrctor Legal Ministry of Corporate Affairs and Sh Raesh K. Tiwari, ROC, NCT of Delhi & Hai*yana MCA for UOI.

132.

+ W.P.(C110510/2017 MR RAJESH AHUJA Petitioner Through Mr Dhruv Mishra, Advocate.

versus UNION OF INDIA & ANR Respondents Through Mr Sanjay Jain, ASG with Ms Ripu - Daman Bhardwaj, CGSC with Mr T.p. Singh.

Mr Dev P. B hardwaj, CGSC for UOI.

Mr Sanjay Shorey, Joint Direrctor Legal Ministry of Coiporate Affairs and Sh Raesh K. Tiwari, ROC, NCT of Delhi & Haryana MCA for UOI.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

ORDER

% 19.12.2017 1.

Learned counsel for the petitioner seeks to withdraw the present

petition with liberty to avail of the Condonation of Delay Scheme, 2018 (CODS-2018). He however requests that paragraph 6 of the CODS-2018 be clarified.

2.

Paragraph 6 of the CODS-2018 provides that the scheme is without prejudice to any action under Section 167 (2) of the Companies Act, 2013 or any Civil or Criminal liabilities, if any, of such 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 of those directors who do not avail of the 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 of instituting fresh prosecution against those disqualified directors who avail of the CODS-2018 does not arise.

3.

The petitions are dismissed as withdrawn.

VIBHU EAKHRU, J DECEMBER 19, 2017 pkv