Oriental Iron Casting Ltd vs Registrar of Companies & Anr

I.A. No. 3360 of 2023. This is an application filed by the Applicant which claims to be holding company of the Appellant-Oriental Iron Casting Limited.

The Appeal filed by the Oriental Iron Casting Limited has been allowed by the Judgment and Order of this Tribunal dated 12.11.2021. The Last sentence of the Order says “The Appeal is allowed with cost”. Applicant’s case is that when Application has been made to the RoC for restoration of the name of the Company, a query has been raised from the Registrar of Company regarding what is the amount of cost and whether amount has been paid or not. Learned Counsel for the Applicant does not dispute that no steps have been taken by the Appellant for quantification of the cost as per Order of this Tribunal dated 12.11.2021. Applicant submits that the direction for cost to be deleted and order passed by this Tribunal on 12.11.2021 be clarified to that extent.

In view of the facts and submissions stated in this Application, we are of the view that when the Applicant itself has not taken any steps for quantification of the cost, the direction ‘the Appeal is allowed with cost’ is substituted with ‘Appeal is allowed without cost’. The Application is disposed of.