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TMI Blog2012 (4) TMI 92X X X X Extracts X X X X X X X X Extracts X X X X ..... ubscribers has been registered as a Private Limited Company in the State of Maharashtra - an affidavit was filed by Registrar while signing MOA and AOA in respect of existing Company, the foreign subscribers showed their presence in India - period of stay is more than 3 months hence requirement of furnishing local address - Held that:- the petition succeeds. The Respondent is directed to register and incorporate the private limited Company in the State of Goa provided the petitioners comply with all other rules and regulations and requirements thereof save and except furnishing of the local address. - Writ Petition No. 253 of 2011 - - - Dated:- 16-2-2012 - S.C. Dharmadhikari and U.V. Bakre, JJ. Arjun Naik for the Petitioner. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioners applied for online incorporation of a Company and submitted the required e-forms. This was the requirement in terms of Section 33(1) and (2) of the Companies Act, 1956. They complied with all the requirements of an applicant/ applicants seeking incorporation of a Company, which are required to be fulfilled. The requisite fees were paid, the details and the relevant information was provided. They were allotted a number SRN-A94366234 dated 20/09/2010 with regard to their application. They submitted the forms including copies of their passports. The documents were physically submitted and the originals thereof are produced for verification on 01/10/2010 as desired by the authorities. The challans and receipts in this behalf are reli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the present case, was incorporated in the State of Maharashtra on 28/10/2010 by submitting similar documents and following the same procedure. The Registrar of Companies, Maharashtra State, Mumbai did not insist on any such requirements as furnishing of local address of foreign subscribers. That being the case and when the authorities have verified the original documents and also identified the parties, then, they could not have refused to register and incorporate the said Company. Their action is, therefore, violative of Companies Act, 1956 and grossly unfair, unjust, unreasonable and discriminatory. That violates the mandates of Article 14 of the Constitution of India as well. 7. In answer to this writ petition, an affidavit has b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpany with foreigners, can be registered and incorporated in India or not, the answer was in the affirmative. When we asked him as to how he justifies insistence of furnishing the local address, he placed reliance on Regulation 17 of the Company Regulation, 1956 and paragraphs 2(1) to (4) of the said Regulation as reproduced at page 163 of the petition paper book. We have perused this regulation with his assistance and we find nothing therein, which requires the petitioners to furnish their local address. It is clear from the regulation that if there is no proper information or the information is defective or incomplete, then, even when the records are maintained in electronic form, the authorities can seek such details as are necessary for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , which have been brought to our notice. A perusal of this provisions does not indicate that any local address has to be given. A subscriber to the Memorandum of Association and Articles of Association is required to sign the same and state his address, description and occupation. That is admittedly stated. In the letter, it is stated that a person, who is managing director of a Company present in India, should indicate his local/present address while signing the Memorandum of Association and Articles of Association. This stipulation, to our mind, would not mean that any persons like the petitioners will have to furnish the local/ present address in India as a pre-condition to seek registration and incorporation of a Private Limited Company ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed office of the Private Limited Company will be located at Panaji, Goa. All its details would be duly provided in the requisite forms in terms of the Companies Act, 1956. The same will not be changed or altered except in terms of the Companies Act, 1956 and that local staff such as the manager, secretary would be appointed and they would be given due authorization and powers on behalf of the petitioners so that anything that is required to be served including notices or summonses, would be accepted on their behalf and the petitioners' behalf by these officers. Equally, such officers together with the Petitioners would be liable in cases of default in compliance with the provisions of the Companies Act, 1956. All these statements having bee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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