Sharuk Passi v. Union Of India And ANR.

$~168 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11315/2017 & CM 46212/2017 (stay) SHARUK PASSI ..... Petitioner Through Counsel for petitioner.

versus UNION OF INDIA AND 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 Corporate Affairs and Sh Raesh K. Tiwari, ROC, NCT of Delhi & Haryana MCA for UOI.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 19.12.2017 CM 46214/2017 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

CM 46213/2017 3.

For the reasons stated in the application, the application is allowed. W.P.(C) 11315/2017 & CM 46212/2017 (stay) 4..

Learned counsel for the petitioner seeks to withdraw the present petition with liberty to avail of the Condonation of Delay Scheme, 2018 (CODS-2018).

5.

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.

6.

The petition and pending application are dismissed as withdrawn with the aforesaid clarification.

VIBHU BAKHRU, J DECEMBER 19, 2017 pkv