9911796707
TMI Blog2007 (4) TMI 365X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 1 company was incorporated with its registered office at Room No. 22, Second Floor, 105, Apollo Street, Bombay. The registered office of the company was shifted from the original place to Khetan Bhawan, 5th Floor, 198, J. Tata Road, Churchgate Reclamation, Bombay-20 in March 1970. Notice of change of address of the registered office was given to the Registrar of Companies on 2-4-1970 in accordance with section 146 of the Companies Act, 1956 and the particulars of the change of address were duly recorded by him in the records. 3. The appellant has obtained a degree in the sum of Rs. 2,13,500 against the respondent No. 1 in suit No. 1027 of 1978 on 24-4-1995. Though an appeal has been filed by the respondent-company against the said d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s in the prescribed Form No. 18 within the time prescribed. The learned Company Judge, therefore, held that the notice of demand served at the old address of the registered office was not proper and dismissed the petition. 6. Learned counsel appearing on behalf of the appellant submitted before us that the learned Company Judge erred in holding that the registered office of the respondent No. 1 was shifted from Khetan Bhawan, 198, J. Tata Road, Bombay-20 to 105, Apollo Street, Bombay Samachar Marg, Bombay-400023. He submitted that inspection in the office of the Registrar of Companies by the appellant did not disclose any intimation having been given by the respondent No. 1 to the Registrar of Companies about the change of the address o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ange there was a complete silence on the part of the Registrar of Companies. It is not disputed that the respondent-company had intimated to the Registrar of Companies about the change in the address of its registered office by the letter dated 28-7-1981. The learned Company Judge held that it is inconceivable that for 18 years the Registrar of Companies would not take any action and would not even intimate the respondent No. 1 that the change could not be registered for non-payment of the fee. The learned Company Judge also noted in para 5 of his order that the subsequent correspondence was made by the Registrar of Companies with the respondent No. 1 at the changed address of the registered office. In these circumstances, we find no error ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny; and ( b )in the case of any other company, outside the local limits of any city, town or village where such office is first situated, or where it may be situated later by virtue of a special resolution passed by the company. (3) The inclusion in the annual return of a company of a statement as to the address of its registered office shall not be taken to satisfy the obligation imposed by sub-section (2). (4) If default is made in complying with the requirement of this section, the company, and every officer of the company who is in default, shall be punishable with fine which may extend to five hundred rupees for every day during which the default continues." "Regulation 18: No document required or authorised by or under the Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nies to act. We are of the view that the Registrar of Companies could not have waited for 18 long years for recording the change of the address of the registered office of the respondent No. 1. 10. Regulation 18 of the Companies Regulations no doubt says that no document required or authorised under the Act to be registered, recorded or filed by or with the Registrar shall be registered, recorded or taken on file until the fee, if any, payable in respect thereof has been paid. If any document is filed without payment of the prescribed fee, it is the duty of the Registrar to pass an order directing the person to pay the fee and/or to reject the document for non-payment of the filing fee or any other legally valid ground. He cannot sit ov ..... X X X X Extracts X X X X X X X X Extracts X X X X
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