Allowed

Nirmal Staple Foods Pvt.Ltd. v. the Registrar of Companies, Pune

Bombay HC26 Sept 2013CP/317/2013

Case brief

AI extract

What is this about?

The High Court allowed the petition for restoration of the struck-off name of Nirmal Staple Foods Pvt. Ltd. on the condition that the company files all pending statutory returns, complies with relevant sections regarding offences, obtains director identification numbers, and pays costs.

What did the court decide?

Restoration of the company name on the register subject to conditions including filing returns, compounding offences, and payment of costs.

Nirmal Staple Foods Pvt.Ltd. Vs the Registrar of… — Company and Corporate | Bombay HC (2013)

CP317-13.doc

Sequeira

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

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COMPANY PETITION NO. 317 OF 2013.

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Nirmal Staple Foods Pvt. Ltd. .. Petitioner Vs The Registrar of Companies, Pune, Maharashtra .. Respondent

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.. Respondent

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Mr.S.S.Kumbhar i/b Mr.S.A.Bhagawat and Mr.S.J.Chitale, for petitioner. Mr.C.J.Joy a/w Ms.S.V.Bharucha, for respondent.

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CORAM: N.M.JAMDAR, J. Thursday 26 September, 2013

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P.C.:

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The Company Petition is taken out by the Director of the Petitioner Company under Section 560(6) of the Companies Act, 1956 (for short, “the Companies Act”) for revival, thereby praying to restore Nirmal Staple Foods Private Limited on the register of the Respondent under the provisions of the Companies Act.

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By notification dated 26 June 2008, the name of the Company was struck off from the register and the Company was dissolved. Considering the averments made in the Petition and also the reply filed by the Respondent Registrar Companies and as there is no serious objection for grant of this prayer i.e. restoration of the name of the Company, however subject to certain conditions so referred, I am inclined to allow this Petition in terms of prayer clause (a) on the following terms and conditions.

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CP317-13.doc

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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 Section 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 directors of the Company will obtain director's identification number and file all pending statutory returns electronically.

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f) The Petitioner Company to pay costs of Rs.7,500/ along with Form No.21 to the Registrar of Companies.

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The Petition is accordingly allowed, with liberty. All points are kept open. There shall be no order as to costs.

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N.M.JAMDAR, J.

Nirmal Staple Foods Pvt.Ltd. v. the Registrar of Companies, Pune

Case brief

What is this about?

What did the court decide?

Nirmal Staple Foods Pvt.Ltd. v. the Registrar of Companies, Pune

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

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