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TMI Blog2010 (6) TMI 324X X X X Extracts X X X X X X X X Extracts X X X X ..... l be subject to the petitioner filing all outstanding documents required by law and completion of all formalities, including payment of any late fee or any other charges which are leviable by the respondent for the late filing of statutory returns. The name of the company, its directors and members shall then, as a consequence, stand restored to the Register of the Registrar of Companies, as if the name of the company had not been struck off, in accordance with section 560(6) of the Companies Act, 1956 - COMPANY PETITION NO. 406 OF 2009 - - - Dated:- 4-6-2010 - SUDERSHAN KUMAR MISRA, J. Vishnu Langawat for the Petitioner. V.K. Gupta for the Respondent. JUDGMENT 1. This petition has been filed under section 560(6) o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urther stated by the counsel for the petitioner that the Company did not receive any show-cause notice, nor was it afforded any opportunity of being heard before the aforesaid action was taken by the respondent. On examination, it appears that the address of the registered office of the petitioner company in the records of the respondent is different from the address stated to be the current registered office of the petitioner company. With regard to the current address, the petitioner has submitted that it has been the registered office of the company since 10-11-2001. A certified true copy of an extract of Board Minutes dated 10-11-2001, has been filed, wherein the decision to change the registered office of the company was taken and Late ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stated that the petitioner has filed a writ petition in the High Court of Orissa, being W.P.(C) No. 9098/03, seeking relief against certain parties for trespassing on land originally allotted to the petitioner, wherein a stay order in favour of the petitioner was passed on 22-9-2003, and the matter is stated to be pending. 8. Counsel for the respondent does not have any objection to the revival of the company, subject to the Company, filing all outstanding statutory documents, i.e., annual returns and balance sheets since incorporation, along with the filing and additional fee, as applicable on the date of actual filing. The certificates of No Objection of the Directors, to the restoration of the name of the company to the Register ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther orders in this behalf also. From this it follows that it is open to the Court to issue specific orders departing from the norm by imposing lower or no costs at all, or even levying further additional costs, depending on the circumstances. 12. The facts and circumstances of this case show that it is not merely a case where the interests of justice and requirements of the statute would be met merely by the payment of costs of the Registrar of Companies. It is difficult to believe that although the company was functioning for almost fourteen years, the illness of the Whole Time Director precluded the other management of the company from ensuring that the annual returns and other statutory documents were being filed with the respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r filing all outstanding documents required by law and completion of all formalities, including payment of any late fee or any other charges which are leviable by the respondent for the late filing of statutory returns. The name of the company, its directors and members shall then, as a consequence, stand restored to the Register of the Registrar of Companies, as if the name of the company had not been struck off, in accordance with section 560(6) of the Companies Act, 1956. 14. Liberty is granted to the respondent to proceed with penal action against the company, if so advised, on account of the company s alleged default in compliance with section 162 of the Companies Act, 1956. 15. The petition is disposed of in the above terms. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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