IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 19735 of 2000 Between: ..... PETITIONER AND .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to Counsel for the Petitioner:MR.S.RAVI Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN Writ Petition No. 19735 of 2000 Order: No counter affidavit is filed on behalf of the respondents. Heard Sri S. Ravi, learned counsel for the petitioners and Sri A. Rajasekhar Reddy, learned Assistant Solicitor General. The grievance of the petitioners in this writ petition is that, while they had submitted a declaration under the Company Law Settlement Scheme, 2000, after having purged themselves of the violations alleged against them therein, the respondents have, however, not passed any orders on the declaration submitted by them under the said scheme and, since prosecution has already been initiated, the petitioners may have to undergo the ordeal of trial. This Court, by order dated 19.10.2000 passed in W.P.M.P. No.25015 in W.P. No. 19735 of 2000, granted interim stay of all further proceedings, and the said interim order continues to subsist as on date. As to whether the petitioners have fulﬁlled all the requirements stipulated under the Company Law Settlement Scheme, 2000 is for the designated authority to decide and not for this Court to evaluate. Under Clause 7 of the Company Law Settlement Scheme, 2000, the designated authority shall consider the declaration and, upon being satisﬁed, shall pass orders in writing, inter alia, stating the reasons for granting the immunity. Clause 8 speciﬁes the circumstances under which the provisions of the scheme shall not apply. Clause 9 speciﬁes that, after passing the appropriate order, the Registrar of Companies shall inform the concerned Court before whom the matter is pending. Form-A declaration given thereunder requires the Form to be addressed to the Registrar of Companies. Sri S. Ravi, learned counsel for the petitioners would submit that on a conjoint reading of the provisions of the Scheme with Form-A thereunder, it is evident that the designated authority under the Scheme is the Registrar of Companies and, since the petitioners had submitted declaration well within the stipulated time, the ﬁrst respondent ought to have considered the declaration, examine as to whether all the conditions of the Scheme are fulﬁlled or not, and, if he was satisﬁed that it was so fulﬁlled, to grant immunity. The grievance of the petitioner is that, while the ﬁrst respondent had kept the declaration pending without a decision being taken thereupon, summons had already been issued by the Court of the Special Judge for Economic Oﬀences and that the petitioners may have to undergo the ordeal of trial. Ends of justice would be met if the ﬁrst respondent, who is said to be the designated authority under the Scheme, is directed to examine the declaration submitted by the petitioners and ascertain whether all the conditions stipulated in the Scheme have been satisﬁed. If he is of the view that the conditions have been fulﬁlled, then to consider granting immunity to the petitioners in accordance with the clauses of the Scheme. The entire exercise of consideration, as afore mentioned, shall be completed by the ﬁrst respondent within three months from the date of receipt of a copy of this order. Since there has been an interim stay of all further proceedings, pending the writ petition, for the past more than eight years, it is but appropriate that the interim stay granted by this Court earlier shall be continued till the ﬁrst respondent passes orders on the declaration submitted by the petitioners. The writ petition is accordingly disposed of. No costs. __________________________ RAMESH RANGANATHAN, J. Date: 29.08.2008 Nsr