Allowed

Rohan Packaging Products Ltd. v. the Registrar of Companies, Pune

Bombay HC16 Jan 2013CP/524/2012

Case brief

AI extract

What is this about?

The Bombay High Court allowed a petition to restore the petitioner Company on the register of Companies. The Court directed the Company to submit requisite documents and comply with statutory provisions within two months.

What did the court decide?

Company directed to submit requisite documents and comply with statutory provisions within two months; Registrar may initiate fresh proceedings if advised.

Rohan Packaging Products Ltd. Vs the Registrar of… — Specific Performance | Bombay HC (2013)

CP524-12

Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 524 OF 2012

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Rohan Packaging Products Ltd. .. Petitioner Vs.

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The Registrar,

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Office Of Registrar of Companies (ROC) Pune. .. Respondent

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Mr.Sunil R.More, for petitioner. Mr.C.J.Joy, for respondent.

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CORAM : N.M. JAMDAR J. Wednesday, 16 January, 2013

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P.C.:

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By this petition the petitioner prays that the respondent be directed to restore the petitioner Company on the register of Companies under provisions of Section 560(6) of Companies Act.

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The petitioner Company is in business of manufacturing and trading. Since the petitioner Company did not file necessary returns and other statutory records, the name of the petitioner Company was removed from the record and the Gazette Notification to that effect was published on 1 July 2008.

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The petitioner has filed the present petition on the ground that non-filing of necessary returns and statutory record was a bonafide mistake and since the Company has high potential and good future prospect it will be in the interest of justice to restore the name of the Company on the register. The Company has undertaken to abide by all the rules and regulations and has stated that it will run the same business in the same name and style as is provided in the Memorandum of Association.

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CP524-12

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A reply has been filed to the Registrar of Companies on 12 December 2012 in which the restoration of the name of the Company is not seriously disputed. It is said that the Company be called upon to comply with all the necessary requirements that are specified in paragraph 7 of the reply.

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After hearing the learned counsel for both the parties and perusing the record it will be thus in the interest of justice to give one more opportunity to the Company to restore its name on the register and carry on it's business further. The Company shall submit all requisite documents as required within two months from today with the Office of Registrar of Companies. Company shall obtain directors identification numbers and file all statutory returns / compliances electronically within the above period.

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In the event of the Company having failed to comply with Sections 266A to 266G, 159 to 162, 166, 220 etc. of the Companies Act, 1956, the Company shall make appropriate applications under Section 621A of the Companies Act, 1956 for compounding the violations/offences.

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The Respondent shall be at liberty to initiate fresh proceedings under Section 560, if so advised, against the Company.

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Accordingly, the Petition is allowed in terms of prayer clause (A).

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N.M.JAMDAR, J.

Rohan Packaging Products Ltd. v. the Registrar of Companies, Pune

Case brief

What is this about?

What did the court decide?

Rohan Packaging Products Ltd. v. the Registrar of Companies, Pune

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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