Allowed

Astor Shipping Company Ltd.and Another v. the Registrar of Companies

Bombay HC15 Oct 2012CP/426/2012

Case brief

AI extract

What is this about?

The High Court allowed a company petition for the revival of a company whose name had been struck off. The petitioners were ordered to fulfill statutory compliances under the Companies Act and compound any offences within eight weeks as conditions for revival.

What did the court decide?

Recovery of the company is granted on condition of filing statutory returns, complying with relevant sections of the Companies Act, and paying costs, while the Registrar reserves the right to initiate

Astor Shipping Company Ltd.and Another Vs the Registrar… — Company and Corporate | Bombay HC (2012)

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17-cp-426-2012

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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COMPANY PETITION NO.426 OF 2012

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Astor Shipping Company Ltd.

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& Another V/s.

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& Another .. Petitioners. V/s. The Registrar of Companies .. Respondent.

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Mr. Ashish Kamat along with Mr. C. D. Patel i/b. M/s. Crawford Bayley & Co., for the Petitioners.

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Mr. D. A. Athavale i/b. Dr. T. C. Kaushik Registrar of Companies.

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CORAM: ANOOP V. MOHTA,J. DATE : 15th OCOTOBER, 2012.

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P.C:-

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Heard.

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2 The Company Petition is taken out by the Director of the

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Petitioner for revival of the Company.

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3 The averments are made that, though Company's name was

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struck off, at their instance but considering the subsequent development

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and market conditions, they moved this application within limitation as prescribed.

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4 Therefore, taking over all view of the matter, I see there is no

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reason not to grant the Company Application. The Respondent has no

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objection if the following conditions are incorporated.

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5 I am inclined to grant prayer clause (a) on the following terms and conditions as already passed in Company Petition No. 207 of 2012:-

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(a) The Petitioner Company shall file all statutory returns and compliances electronically under the various provisions of the Companies Act, with the Registrar of the Companies within a period of eight weeks.

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(b) The Petitioner Company to comply with Sections 266A to 266G, 159 to 162, 166, 210 and 220 of the Companies Act and to make appropriate Application under Section 621A of the Companies Act, for compounding the offences, if any.

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(c) The Respondent shall be at liberty to initiate fresh proceedings under Section 560, if so advised, against the said company.

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(d) Both the parties are agreed that no detailed reasons need to be given in support of this order.

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(e) The Petitioner Company to pay costs of Rs.10,000/- along with Form No.21 to the Registrar of Companies.

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(f) All points are kept open.

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(g) The Petition is accordingly allowed in terms of

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prayer clause (a), with liberty.

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(h) There shall be no order as to costs.

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(ANOOP V. MOHTA,J.)

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S.R.JOSHI

Astor Shipping Company Ltd.and Another v. the Registrar of Companies

Case brief

What is this about?

What did the court decide?

Astor Shipping Company Ltd.and Another v. the Registrar of Companies

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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