Mr. Kalyan Dutt, Adv v. COMIC STRUCTURES LIMITED

$~CO.1 to 7 * IN THE HIGH COURT OF DELHI AT NEW DELHI (1) + CO.APPL.(M) 6/2022, CO.APPL. 723/2023 & CO.APPL. 465/2024 COSMIC VICTIMS ASSOCIATION .....Petitioner Through: Mr. Kalyan Dutt, Adv. versus COMIC STRUCTURES LIMITED .....Respondent Through: Mr. Shlok Chandra & Mr. Anshuman Jindal, Advs. for Alpha Corp. Ms. Ruchi Sindhwani, SSC for OL with Ms. Megha Bharra, Adv. Mr. Udita Singh, Adv. for Applicant in CA. 465/24 (2) + CO.APPL.(M) 7/2022 MEMBERS OF ASSETS REVIVAL SOCIETY .....Petitioner Through: versus COSMIC STRUCTURES LIMITED & ANR. .....Respondents Through: Ms. Ruchi Sindhwani, SSC for OL with Ms. Megha Bharra, Adv. (3) + CO.APPL.(M) 2/2023 COSMIC VICTIMS ASSOCIATION .....Petitioner Through: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/10/2025 at 13:04:50 versus COSMIC STRUCTURES LIMITED .....Respondent Through: Ms. Ruchi Sindhwani, SSC for OL with Ms. Megha Bharra, Adv. (4) + CO.APPL.(M) 3/2023. CO.APPL. 993/2023, CO.APPL. 52/2024, CO. APPL. 659/2024 RAJNI ANAND .....Petitioner Through: versus COSMIC STRUCTURES LIMITED & ANR. .....Respondents Through: Ms. Ruchi Sindhwani, SSC for OL with Ms. Megha Bharra, Adv. (5) + CO.PET. 152/2016, CO.APPL. 890/2017, CO.APPL. 1848/2017, CO.APPL. 1849/2017, CO.APPL. 2037/2017, CO.APPL. 194/2018, CO.APPL. 523/2018, CO.APPL. 769/2018, CO.APPL. 774/2018, CO.APPL. 841/2018, CO.APPL. 1410/2018, CO.APPL. 319/2019, CO.APPL. 446/2019, CO.APPL. 821/2019, CO.APPL. 822/2019, CO.APPL. 823/2019, CO.APPL. 932/2019, CO.APPL. 1189/2019, CO.APPL. 1190/2019, CO.APPL. 1191/2019, CO.APPL. 1192/2019, CO.APPL. 1193/2019, CO.APPL. 1266/2019, CO.APPL. 11/2020, CO.APPL. 12/2020, CO.APPL. 47/2020, CO.APPL. 302/2020, CO.APPL. 303/2020, CO.APPL. 423/2020, CO.APPL. 441/2020, CO.APPL. 453/2020, CO.APPL. 454/2020, CO.APPL. 455/2020, CO.APPL. 631/2020, CO.APPL. 663/2020, CO.APPL. 702/2020, CO.APPL. 741/2020, CO.APPL. 759/2020, CO.APPL. 186/2021, CO.APPL. 821/2023, CO.APPL. 317/2024, CO.APPL. 320/2024, CO.APPL. 346/2024, CO.APPL. 132/2025, CO.APPL. 257/2025, CO.APPL. 452/2025, CO.APPL. 453/2025, CO.APPL. 510/2025, CO.APPL. 564/2025, CO.APPL. 565/2025, CO.APPL. 566/2025, CO.APPL. 567/2025, CO.APPL. 570/2025 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/10/2025 at 13:04:50 2025, OLR 119/2018, OLR 159/2018, OLR 125/2019, OLR 310/2019 & OLR 40/2020 RAJNI ANAND .....Petitioner Through: versus COSMIC STRUCTURES LTD .....Respondent Through: Ms. Ruchi Sindhwani, SSC for OL with Ms. Megha Bharra, Adv. Mr. Anubhav Mishra & Mr. Indronil Chaudhary, Advs. for Applicant. Mr. Pramod Kumar, Adv. for Applicants in CA. 564-566/25 & 570/25. (6) + CRL.M.(CO.) 1/2023, CO.APPL. 517/2025, CO.APPL. 519/2025 CASAITALIA SOCIAL WELFARE ASSOCIATION .....Petitioner Through: versus ANUJ GAUR & ANR. .....Respondents Through: Ms. Ruchi Sindhwani, SSC for OL with Ms. Megha Bharra, Adv. Mr. Gaurav Singh, Adv. for Applicant in 517/25. (7) + CRL.O.(CO.) 11/2017 & CO.APPL. 1547/2017 COSMIC STRUCTURE LTD.(IN PROV.LIQN.) .....Petitioner Through: versus This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/10/2025 at 13:04:50 SUSHANT MUTTREJA & ANR. .....Respondents Through: Ms. Ruchi Sindhwani, SSC for OL with Ms. Megha Bharra, Adv. CORAM: HON’BLE MS. JUSTICE TARA VITASTA GANJU O R D E R % 08.10.2025 CO.APPL. 564/2025 In CO.PET. 152/2016 [Condonation of delay of 500 days in filing the claim] CO.APPL. 565/2025 In CO.PET. 152/2016 [Condonation of delay of 510 days in filing the claim] CO.APPL. 566/2025 In CO.PET. 152/2016 [Condonation of delay of 500 days in filing the claim] CO.APPL. 567/2025 In CO.PET. 152/2016 [Condonation of delay of 510 days in filing the claim] CO.APPL. 570/2025 In CO.PET. 152/2016 [Condonation of delay of 510 days in filing the claim] 1. These are Applications filed on behalf of the Applicants seeking condonation of delay in filing the Claim Application before the Official Liquidator. 2. Issue Notice. 2.1 Learned Counsel for the Official Liquidator accepts Notice and submits that she has no objection if the prayers made in the present Applications qua condonation of delay are allowed. 3. Accordingly, the delay is condoned. 4. Let the Claims be filed before the Official Liquidator within a period of four weeks. 5. The Applications stand disposed of. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/10/2025 at 13:04:50 CO.APPL. 257/2025 In CO.PET. 152/2016 [Stay] 6. This is an Application filed on behalf of the Official Liquidator under Section 446 of the Companies Act, 1956 seeking the following reliefs: “i) Application on behalf of the Official Liquidator may kindly be taken on record; ii) Final judgment dated 07.08.2020, order of sentencing dated 02.04.2022 passed by Ld. ACMM (Special Acts), Central District, Tis Hazari Court, Delhi may kindly be stayed; iii) Order dated 29.01.2025 passed by the Ld. ACJM (Special Acts) Central District, vide which the Official Liquidator has been directed to appear for deposition of fine/sentence so imposed, may kindly be stayed.” 7. Learned Counsel for the Official Liquidator submits that during the pendency of the winding up proceedings, final judgment dated 07.08.2020, order of sentencing dated 02.04.2022 and order dated 29.01.2024 have been passed in a Petition captioned Registrar of Companies v. Cosmic Structures Ltd. by the learned ACMM (SPL. ACTS), Central Tis Hazari Courts, Delhi [hereinafter referred to as “legal proceedings”]. 7.1 It is contended that the Company-in-Liquidation has been asked to pay fine of Rs.1 lac and Rs.10 lacs in terms of these legal proceedings. 8. In addition, learned Counsel submits that in terms of the judgment dated 07.08.2020 passed in CC No.2833/17 captioned ROC v. M/s Cosmic Structures Ltd. & Ors., by the learned Trial Court, the Company-in-Liquidation has been held guilty of offences punishable under Sections 99 and 137(3) of the Companies Act, 2013. 9. Learned Counsel for the Official Liquidator submits that these legal proceedings were commenced during the period when the Company was in liquidation and thus the fine as well as the sentencing would be of the office of the Official Liquidator/the Official Liquidator herself. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/10/2025 at 13:04:50

10. Learned Counsel for the Official Liquidator submits that in terms of Section 446 of the Companies Act, 1956, once the proceedings of liquidation have commenced, no order can be passed without seeking permission of this Cout. It is contended that the permission for commencement of these proceedings has however not been sought. 11. Issue Notice. On steps being taken, let Notice be issued to the ROC, who has filed these proceedings, via all modes. An affidavit of service be filed within two weeks. 12. Reply, if any, be filed within four weeks. 12.1 Rejoinders thereto, if any, be filed within two weeks thereafter. 13. List on 27.01.2026. CO.APPL.(M) 6/2022 CO.APPL.(M) 7/2022 CO.APPL.(M) 2/2023 CO.APPL.(M) 3/2023 CO.PET. 152/2016 CRL.M.(CO.) 1/2023 CRL.O.(CO.) 11/2017 14. Learned Counsel for the Official Liquidator submits that in compliance with the order dated 25.03.2025, the Official Liquidator has filed an Affidavit dated 15.05.2025 setting out a short note of contention on the various Revival Schemes filed in these matters [hereinafter referred to as “Schemes”]. 14.1 In terms thereof, for 4 schemes are at present in play – (i) CoA (M) No.6/2022 of Cosmic Victims Association; (ii) CoA (M) No.7/2022 of Members of Asset Revival Society; This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/10/2025 at 13:04:50 (iii) CoA (M) No.2/2023 of Cosmic Victims Association, and (iv) CoA (M) No.3/2023 of Promotors and Ex-Directors of M/s Cosmic Structure Ltd. 15. So far as concerns No.(iii), it is the case of the parties that the scheme is not of the Cosmic Victims Association but Mega Nirman & Industries Limited. However, none appears for Mega Nirman & Industries Limited and Members of Asset Revival Society today. 16. Learned Counsel for the Official Liquidator submits that Schemes that have been filed are either repeats Scheme’s or devoid of any requisite details. 17. Learned Counsel for the Cosmic Victims Alpha Corp. as well as the Ex-Directors, Mr. Nishant Muttreja submits that details have been provided, however, they state that they would be filing an updated Affidavit/Reply with respect to their respective schemes. 18. Learned Counsel for the Promoters and Ex-Directors submit that they have already filed Affidavits to show their bonafides. They request for some time to obtain a copy of the case file to make their submissions. 19. At their request, list on 27.01.2026. 20. The parties will act based on the digitally signed copy of the order. TARA VITASTA GANJU, J OCTOBER 8, 2025/ ha/r