Allowed

Chemstar Organics (India) Ltd. v. the Official Liquidator and 2 Ors.

Bombay HC13 Nov 2017CA/641/2017

Case brief

AI extract

What is this about?

Allowed Company Application No.641 of 2017 and restored Company Application No.420 of 2017 to file. Directed applicant to file required forms, pay Rs.25,000 donation, and update status within specified timelines.

What did the court decide?

Application No.641 of 2017 allowed; Application No.420 of 2017 restored. Applicant to file forms within one week, update status and return within four weeks, and pay Rs.25,000 donation.

Chemstar Organics (India) Ltd. Vs the Official… — Company and Corporate | Bombay HC (2017)

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CA641.17-69

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

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COMPANY APPLICATION NO.641 OF 2017 IN COMPANY APPLICATION NO.420 OF 2017 IN COMPANY PETITION NO.523 OF 1998

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Southern Electric Corporation )….Petitioner V/s. Chemstar Organics (India) Ltd. )....Respondent/Applicant

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Mr.G.I.Sodhi i/by Arunkumar Tripathi for the applicant. Ms.Nisha Valani-Registrar of companies/respondent no.2 present. Mr.Mahendhar Aithe-Company Prosecutor for OL present.

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CORAM : K.R.SHRIRAM,J DATE : 13.11.2017

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P.C.:-

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COMPANY APPLICATION NO.641 OF 2017

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1 Heard the counsel and also considered the affidavit in

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support. Application is allowed. Application No.420 of 2017 is restored to file.

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2 Application No.641 of 2017 disposed accordingly.

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COMPANY APPLICATION NO.420 OF 2017

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1 Heard Mr.Sodhi for the applicant and Ms.Valani for

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respondent no.2. Ms.Valani for respondent no.2 at the outset, tenders

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2/3 CA641.17-69

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an affidavit of one R.D.Gupta, Dy.Registrar of Companies affirmed on 30.10.2017. It is stated in the affidavit in reply that the delay is nothing but intentional and deliberate and therefore, substantial cost should be imposed and the applicant-company should be directed to file all pending statutory returns/compliance within a time specified by this court. Ms.Valani states that respondent no.2 otherwise has no objection.

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2 Mr.Aithe Company prosecutor states that company is no more in liquidation and the liquidator's office has no objection in sending necessary communication to respondent no.2.

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3 In my view, such a communication is not necessary at all since respondent no.2 is represented here and particularly in view of what is stated in paragraph-6 of the affidavit of respondent no.2, but the applicant should be directed to file the required form to update the status of the company.

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4 Mr.Sodhi states that applicant-company will file the required forms within one week from today and also file all pending statutory returns/compliance within 4 weeks of the status of the company being updated to “active”.

CA641.17-69

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5 The applicant to pay sum of Rs.25,000/- as donation to

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Army Widows Welfare Association within 4 weeks from today.

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Application accordingly disposed.

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(K.R.SHRIRAM,J)

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Chemstar Organics (India) Ltd. v. the Official Liquidator and 2 Ors.

Case brief

What is this about?

What did the court decide?

Chemstar Organics (India) Ltd. v. the Official Liquidator and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Coram

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