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Judgment
Manorama Kumari, J
(Through video conferencing)
Mr. Amrish Gandhi, Learned PCS, appeared on behalf of the Applicant.
The instant application is filed by the Applicant with a prayer to condone the delay caused in compliance of the order passed in Co. Appeal 469/2018 filed under Section 252(3) of the Companies Act.
On perusal of the records, it is found that an order under Section 252(3) was passed on 27.03.2019 in Co. Appeal No. 469/2018, whereby this Bench partially allowed the Co. Appeal with the following conditions:
(i) The Appellant shall file all over due statutory returns with fee and additional fee as required under the Companies Act; and other laws within stipulated period stated therein, or within 90 days from the receipt of an authentic copy of this order and after restoration of its name in the Register of ROC, Ahmedabad.
(ii) The Appellant shall publish a Notice in leading newspaper circulating in the District as well as in the Official Gazette of the Government of India with regard to the restoration of the name of the Company in the Register of Companies maintained by the Office of the Registrar of Companies, as per the draft notice approved by the Registrar of Companies at the expenses of the Appellant;
(iii) The Appellant is further directed to pay an amount of Rs. 25,000/- (Rupees twenty-five thousand only) to the Central Government, Ministry of Corporate Affairs through the Office of the ROC by way of Demand Draft drawn on Nationalised Bank towards the cost incurred by the Government in striking off the name of the Company, within 3 (three) weeks from the date of receipt of an authentic copy of this order and shall file compliance.
(iv) Before compliance of the statutory requirements of the Registrar of Companies, the Appellant shall clear all the dues of Income-Tax Department including penalty, if any, for non-filing of the returns in time, as per the provisions of Income-Tax Act, 1961 and shall produce No Dues Certificate from the Income Tax Department.
(v) Registry to forward a copy of this order to the concerned Income Tax Department.
Learned Lawyer submitted that due to mis-communication with the earlier lawyer the Applicant/Appellant could not comply with the order so passed by this Bench on 27.03.2019, wherein, three weeks' time was granted to comply the order.
There is no intentional laches or delay on the part of the Applicant/Appellant. The said delay is caused due to inadvertence and also due to proper instruction from the counsel.
It is further submitted that the Applicant Company is a going concern and dealing with the business of Information Technology since its inception, and if the delay is not condoned, in that event, the Applicant will suffer hardships.
The Applicant further undertakes to comply the order immediately, if the delay is condoned.
Heard the Applicant and also seen the record. It is a matter of record, that the order was passed on 27.03.2019 and three weeks' time was granted to comply with the order. However, due to the above said reason, as stated, the Applicant failed to comply the order. It appears that, there is no wilful and intentional laches on the part of the Applicant in making the compliances of order dated 27.03.2019.
Under such circumstances, the application so filed by the Applicant is allowed and the ROC is directed to condone the delay, if any, in compliance of the order dated 27.03.2019. However, it is further directed that the Applicant will take steps within a period of three weeks from today.
Accordingly, the instant application is disposed of.