2006 (12) TMI 542 - HC - Companies Law

Summary

Issues involved: Defects in filing affidavit, corrections made in the affidavit after affirmation before Notary, permission to withdraw and file afresh Company Petition, payment of exemplary costs.

Defects in filing affidavit: The respondent company pointed out defects in the filing of the affidavit, with certain blanks filled in after the petition was affirmed before the Notary. The petitioner's counsel acknowledged these defects but sought permission to cure them and withdraw the present Company Petition with a liberty to file a fresh one with a complete affidavit as required.

Corrections in affidavit after affirmation: The Court noted that corrections were made in the affidavit and blanks were filled in after the petition was affirmed before the Notary, which was considered prima facie impermissible. The petitioner's counsel admitted to the blanks being filled in after affirmation. Despite this, the Court allowed the petitioner to withdraw the petition with a liberty to file a fresh Company Petition.

Permission to withdraw and file afresh Company Petition: The petitioner was granted permission to withdraw the present Company Petition with a liberty to file a fresh petition, provided that the exemplary costs of &8377; 7500/- were paid. The petitioner's counsel did not object to the payment of these costs, and the Court directed the petitioner to deposit the amount with the Court within 2 weeks.

Payment of exemplary costs: The petitioner was directed to pay exemplary costs of &8377; 7500/- for the defects in the affidavit and corrections made after affirmation. The petitioner was instructed to deposit this amount with the Court within 2 weeks, and the Court further directed the Office to transmit the sum to the Gujarat High Court Legal Aid Committee upon receipt.