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Judgment
(Hybrid Mode)
This order be read in continuation to the order dated 03.03.2026. In compliance thereof, an affidavit dated 10.04.2026 has been filed by the appellant and have deposited an amount of Rs. 2 Lakhs with the Prime Minister Relief Fund and have also placed on record proof of the amount deposited.
Ld. Counsel for the appellant has referred to ‘M/s Mob Innovation Software Pvt. Ltd. Vs. Registrar of Companies, Haryana’ [C.A. No. 44/252/ND/2020] passed by Ld. NCLT, New Delhi on 06.10.2020 wherein while allowing appeal under Section 252 (3) of the Companies Act, 2013, the Ld. NCLT had imposed a cost of Rs. 25,000/- to be deposited to the Prime Minister Relief Fund. The cited appeal also relates to a company whose name was struck of vide the same notice dated 09.08.2019.
It is further the case of the Ld. Counsel for the appellant, neither in appeal C.A. No. 44/252/ND/2020 nor in the judgment of present Company Appeal No. 174/252/ND/2024, the reasons are recorded by the Ld. NCLT as to why the cost imposed in the earlier matter was only Rs. 25,000/- and whereas the cost imposed in the present appeal is Rs. 9 Lakhs. We also find no reasons are given as to the criteria of imposing cost in such cases.
Considering the facts narrated before us viz. the financial health of the company involved and also keeping in view of the judgments cited, it would be appropriate an amount of Rs. 2 Lakhs as is now deposited by the appellant, in pursuance of our order dated 03.03.2026 is allowed to be deposited and thus the cost as imposed by the Ld. NCLT in paragraph 18 (a) of the impugned order is modified to Rs. 2 Lakhs. Rest of the conditions of impugned order shall remain the same.
The appeal is allowed to this extent only. The pending I.A. Nos. 1673, 1674 & 1675 of 2026 are also disposed of.