Praveen Kumar And ORS. v. Ministry Of Corporate Affairs And ORS.

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11665/2017 & CM No.47405/2017 PRAVEEN KUMAR AND ORS.

..... Petitioners Through:

Mr Deepak Kumar, Advocate.

versus MINISTRY OF CORPORATE AFFAIRS AND ORS.

..... Respondents Through:

Mrs Bharathi Raju, CGSC for R-1 & R-2.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 22.12.2017 1.

Learned counsel for the petitioners seek 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The petition and pending application are dismissed as withdrawn. VIBHU BAKHRU, J DECEMBER 22, 2017 MK