Bombay High CourtCA/420/2017disposed off

Chemstar Organics (India) Ltd And 2 ORS v. M/S Southern Electric Corporation

2017-11-13Hon'Ble Shri Justice K.R. Shriram3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.641 OF 2017 IN COMPANY APPLICATION NO.420 OF 2017 IN COMPANY PETITION NO.523 OF 1998 Southern Electric Corporation )....Petitioner V/s.

Chemstar Organics (India) Ltd.

)....Respondent/Applicant ---- Mr.G.I.Sodhi i/by Arunkumar Tripathi for the applicant. Ms.Nisha Valani-Registrar of companies/respondent no.2 present. Mr.Mahendhar Aithe-Company Prosecutor for OL present. ---- CORAM : K.R.SHRIRAM,J DATE : 13.11.2017 P.C.:- COMPANY APPLICATION NO.641 OF 2017 Heard the counsel and also considered the affidavit in support. Application is allowed. Application No.420 of 2017 is restored to file.

Application No.641 of 2017 disposed accordingly. COMPANY APPLICATION NO.420 OF 2017 Heard Mr.Sodhi for the applicant and Ms.Valani for respondent no.2. Ms.Valani for respondent no.2 at the outset, tenders

2/3 an affidavit of one R.D.Gupta, Dy.Registrar of Companies affirmed on 30.10.2017. It is stated in the affidavit in reply that the delay is nothing but intentional and deliberate and therefore, substantial cost should be imposed and the applicant-company should be directed to file all pending statutory returns/compliance within a time specified by this court. Ms.Valani states that respondent no.2 otherwise has no objection.

Mr.Aithe Company prosecutor states that company is no more in liquidation and the liquidator's office has no objection in sending necessary communication to respondent no.2. In my view, such a communication is not necessary at all since respondent no.2 is represented here and particularly in view of what is stated in paragraph-6 of the affidavit of respondent no.2, but the applicant should be directed to file the required form to update the status of the company.

Mr.Sodhi states that applicant-company will file the required forms within one week from today and also file all pending statutory returns/compliance within 4 weeks of the status of the company being updated to "active".

3/3 The applicant to pay sum of Rs.25,000/- as donation to Army Widows Welfare Association within 4 weeks from today. Application accordingly disposed.

(K.R.SHRIRAM,J)