PAROPKAR DEALERS PVT LTD  Vs UNION OF INDIA & ANR.

W.P.(C) 737/2021 Page 1 of 2$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 18thJanuary, 2021
+ W.P.(C) 737/2021 & CM APPL.1839-40/2021
PAROPKAR DEALERS PVT. LTD. ….. Petitioner
Through: Mr. Sujoy Chatterjee and Mr.
Suryaneel Das, Advocates.
(M:8447376187)
versus
UNION OF INDIA & ANR. ….. Respondents
Through: Ms. Shiva Laxmi, CGSC.
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. This hearing has been done by video conferencing.
2. The Petitioner has filed the present writ petition seeking extension of
the Companies Fresh Start Scheme, 2020 ( “CFSS-2020” ) in order to enable
it to file the relevant documents.
3. Ld. counsel for the Petitioner now relies upon the `Scheme for
condonation of delay for companies restored on the Register of Companies
between 1stDecember, 2020 and 31stDecember, 2020’ under Section 252 of
the Companies Act, 2013, dated 15thJanuary, 2021 (hereinafter, “Scheme”) .
As per the said Scheme, considering that various NCLT benches have
restored a number of companies which were struck off, during the period 1st
December to 31stDecember 2020, but the said companies were unable to
avail of the benefit of the Companies Fresh Start Scheme, 2020 and file their
documents in time, the time for filing any overdue forms has been extended
till 31stMarch 2021. No additional fees would be payable for all such
2021:DHC:200W.P.(C) 737/2021 Page 2 of 2companies to whom the scheme is applicable.
4. Ld. counsel submits that the NCLT, Kolkata Bench has already
restored the name of the company on 23rdDecember, 2020. Accordingly, the
Petitioner seeks permission to file the relevant documents in terms of the
Scheme.
5. Ms. Shiva Laxmi, ld. CGSC appearing for the Respondents submits
that the Petitioner is registered with the Registrar of Companies in Calcutta,
and must, therefore, approach the Calcutta High Court.
6. Considering the above facts where the company has already been
restored by the NCLT, in order to avoid multiplicity of proceedings, the
question of jurisdiction is not being gone into.
7. Considering the fact that the Petitioner’s name has already been
restored by the NCLT and a new Scheme has been floated under which the
Petitioner would be permitted to file relevant documents, the present petition
is disposed of permitting the Petitioner to invoke the Scheme dated 15th
January, 2021.
8. The petition is disposed of in the above terms. All pending
applications are also disposed of.
9. The digitally signed copy of the order shall be treated as the certified
copy of the order for being filed before the ROC.
PRATHIBA M. SINGH
JUDGE
JANUARY 18, 2021/ dk/T
2021:DHC:200