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2014 DIGILAW 74 (MEG)

Binod Kumar Agarwalla v. Registrar of Companies

2014-04-22

T.NANDAKUMAR SINGH

body2014
Order (ORAL) Heard, Mr. D.K.Acharjee, learned counsel appearing for the petitioner and also Mr. R.Debnath, learned CGC appearing for the respondent. 2. By this petition, the petitioner is assailing the order dated 18.05.2012 issued by the Registrar of Companies for striking off the name of the petitioner’s-company from the Register of Companies. 3. The respondent had filed the affidavit-in-opposition dated 18.02.2014 wherein, it has been mentioned that the petitioner’s-company’s name had been struck off from the Register of Companies because of the failure on the part of the petitioner’s-company to file the financial statement (Statutory Returns) i.e. the balance sheet, profit and loss account, etc. since the financial year ending 31.03.2009. However, in para 12 of the affidavit-in-opposition, it is stated that the respondent is agreeable to allow the petition on the terms and conditions mentioned therein. For easy reference, para 12 of the affidavit-in-opposition filed by the respondent is quoted hereunder: “In premises of the aforesaid facts the writ petition deserves to be dismissed. However, considering the merits in the writ petition if any the Hon’ble Court is of the opinion to allow the petition, the same may be allowed subject to the following directions upon the petitioner Company:- A) The Hon’ble Court may please be gracious enough to issue a direction upon the petitioner company to file all its pending and due statutory returns since 31.03.2009 and onwards with the e-registry of the Respondent within 30 days from the date of the order. B) The Hon’ble Court may also be gracious enough to impose a minimum cost of Rs. 1,58,000/- for the gross and deliberate negligence in filing the Statutory Returns.” 4. In reply to the affidavit-in-opposition filed by the respondent, the petitioner had filed the rejoinder affidavit wherein, it is stated that the applicant (Petitioner) is interested to restore the company on the terms and conditions as per para 12 of the affidavit-in-opposition filed by the respondent. 5. In the above factual backdrop, this petition is disposed of by directing the petitioner’s-company to file all its pending and due statutory returns since 31.03.2009 onwards with the e-registry of the respondent within 2 (two) months from the date of receipt of a certified copy of this judgment and order and also the petitioner’s-company shall pay a minimum cost of Rs. 1,58,000/- (Rupees One Lakh Fifty Eight Thousand) only for the gross negligence in filing the Statutory Returns. 6. 1,58,000/- (Rupees One Lakh Fifty Eight Thousand) only for the gross negligence in filing the Statutory Returns. 6. It is also made clear that so as to enable the petitioner’s-company to file Statutory Returns as indicated above, the impugned order dated 18.05.2012 is hereby set aside and quashed. 7. With the above, this petition is allowed.