Ina Malhotra, Member - (1.) Ca 11/2018 has been filed by the Respondent praying for an early disposal of CA 142/2014 vide which they pray for removal of the Statutory Auditor appointed for the Respondent Company. This prayer is vehemently resisted by the petitioner on grounds that the same can be disposed off with the main petition. Keeping in view that the company petition was filed in the year 2010, many of the reliefs prayed for actually become infructuous by the time the main petition is heard and disposed off, thereby causing grave loss and injury to the applicant. This Bench is of the opinion that in the facts and circumstances of the case it would be in the interest of justice to dispose off this application which is pending since 2014, moreso in the light of recent steps taken by the Ministry of Corporate Affairs.
(2.) The urgency in this case is that the Directors of Respondent no. 1 Company, have been disqualified on grounds of non-filing of the Annual Returns and Balance Sheets of the Respondent Company under Section 164(2) of the Companies Act, 2013 by Registrar of Companies vide their notice dated 15.09.2017 issued on the website of MCA disqualifying the applicants namely, Mr. Robin Gupta, Ms. Rajni Gupta and Ms. Manisha Gupta. A scheme has now been floated by the MCA to rectify the default of non-filing of documents under the name "Condonation of Delay Scheme 2018" introduced vide "General Circular no. 16/2017 bearing F. No. 02/04/2017-CL-V". This Scheme has been introduced by the MCA providing opportunity to the defaulting companies to clear their defaults in filing the documents within the specified period and seek the benefit of setting aside the suspension of Directors. Further for the filing of the Financial Statements and the Annual Returns, the DIN of the disqualified Directors have been reactivated temporarily till 31st March, 2018.
(3.) The difficulty experienced in availing the benefit under the scheme is that the Financial Statements have to be audited by the Statutory Auditor in whom the respondents no longer repose any faith. It is alleged that he is acting at behest of the opposite party. Since the filing of the petition in 2010, the Annual Returns have not been filed by the Respondent Company.;