9911796707
TMI Blog2024 (5) TMI 680X X X X Extracts X X X X X X X X Extracts X X X X ..... justified in view of the absence of any of the grounds on which the order was passed by the Registrar. In the present case, the order passed by the Registrar of Companies dated 21.08.2017, directed the removal of name of the appellant/company R.P. Casting Private Limited from the register of companies. The appeal was preferred within time. A practical rather than a technical view should be taken, while putting the appellants to terms on account of their lapses. The company/appellant R.P. Casting Private Limited was in existence and even operative during the relevant time. The Directors of the company/appellant R.P. Casting Private Limited were negligent in not complying with the requirements of the Companies Act, 2013 in filing annual accou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n with the Central Excise Department, which had an adverse impact on their operations, but have succeeded vide order dated 23.01.2018. Section 252(1) of the Act states that any person aggrieved by an order of the Registrar, notifying a company as dissolved under Section 248, may file an appeal to the Tribunal within a period of three years from the date of the order of the Registrar. The Tribunal can direct the restoration of the name, if it is satisfied that the removal of the name of the company from the register of the companies, is not justified in view of the absence of any of the grounds on which the order was passed by the Registrar. In the present case, the order passed by the Registrar of Companies dated 21.08.2017, directed the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e also direct that the appellant R.P. Casting Private Limited will pay a cost of Rs.5,00,000/- (rupees five lakhs only) to the Registrar of Companies, within a period of 60 days from today, as they were at fault, and had not complied with the provisions of law. Restoration of name in the Registrar of Companies will be subject to payment of the above costs. In addition, the appellant - R.P. Casting Private Limited may be liable to pay compounding fee for failure to file statement of accounts and comply with other provisions of the Act. The Registrar of Companies can initiate appropriate proceedings for the same. It will be open to the appellant R.P. Casting Private Limited to move an application for compounding of the said violation(s). We a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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