#BulletinBoard (May 22, 2018)

E-sellers Petition CCI Against Anti-Competitive Practises of Flipkart

In continuance of their concerted agitation efforts against Flipkart, the All India Online Vendors Association (“AIOVA”) has submitted a petition to the Competition Commission of India (“CCI”) under Section 4(1) of the Competition Act, 2002 which deals with abuse of dominant power. AIOVA has accused Flipkart of abusing its dominant position in the market by “imposing unfair or discriminatory conditions in purchase or sale of goods”. The crux of their complaint is against Flipkart’s alleged practise of giving preferential treatment to certain sellers on the Flipkart platform. Flipkart’s anti-competitive practises have come under increased scrutiny of late, especially in light of their tax troubles with the Income Tax Appellate Tribunal.

Parliamentary Standing Committee Invites Comments on Data Security & Privacy

The Parliamentary Standing Committee on Information Technology, headed by Lok Sabha MP Anurag Singh Thakur have invited suggestions from the public in general, experts/professionals/organizations/associations and interested stakeholders on the subject of “Citizens’ Data Security & Privacy”. The press release for this invitation to comment stated that:

Those desirous of submitting the memoranda to the Committee may send two copies (either in English or in Hindi) containing their opinion/views on the subject to the Director (C&IT), Lok Sabha Secretariat, Room No. G-1, Parliament House Annexe, New Delhi-110001 (Tel Nos. 011-23034388/5235) in a sealed cover within two weeks from the date of publication/broadcasting of the Press Release. The memoranda can also be e-mailed at comit@sansad.nic.in or can be faxed. (Fax No. 011-23792726).

Netherlands Collaborates With Startup India

The Netherlands is set to collaborate with Startup India to synergize their economic innovation efforts in India. Dutch Prime Minister Mark Rutte’s May 25, 2018 visit to Bangalore will set off the “Startup Link” program that aspires to facilitate the setting up of Dutch startups in India, specifically in the healthcare, smart cities, life sciences, waste management and cyber-security space.

MCA Gives Clarification on Condonation of Delay Scheme

The Ministry of Corporate Affairs (“MCA”) has received representations from stakeholders raising doubts regarding filing requirements of e-CODS 2018 under the Condonation of Delay Scheme (“Scheme”), in such cases, where petitions are pending before National Companies Law Tribunal (“NCLT”) under section 252 of the Companies Act 2013 (“Act”) and whether such struck off companies can file e-CODS upon obtaining orders for the same even after the passage of the last date of submission i.e. May 01, 2018. The MCA has clarified this doubt via a circular dated May 17, 2018 wherein they have stated that:

In the event of defaulting companies whose names have been removed from the register of companies under section 248 of the Act and which have filed applications for revival under section 252 of the Act up to the date of this scheme, the Director’s Identification Number (“DIN”) shall be re-activated only by an NCLT order of revival, subject to the company having filed all overdue documents. It, is therefore, hereby directed that in such cases the Registrar(s) of Companies (“ROC”) shall raise a ticket through Change Requirement Form (“CRF”) on MCA21 portal along with copy of NCLT order and E-governance shall activate DIN of the directors of such struck off companies that have been revived through NCLT to file e-CODS 2018. However, the directors whose DINs are proposed to be activated through CRF should not be directors of any other company(ies) which has been stuck off under section 248(1) of the Act (other than the one revived through NCLT order as mentioned in CRF). This may be ensured by the ROC before raising CRF with E-governance.

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