Cresendo Erectors Projects Pvt. Ltd. v. Registrar Of Companies

3-ca1006-15 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.1006 OF 2015 IN COMPANY PETITION NO.351 OF 2015 Cresendo Erectors Projects Pvt. Ltd.

...Applicant V/s.

Registrar of Companies

...Respondent

Mr.A.W. Ansari for the Applicant.

Ms.Poornima Awasthi with Mr.Neelonb - Company Prosecutor for the R.O.C. / Respondent.

CORAM : R.D. DHANUKA, J.

DATE : 25TH APRIL, 2017.

P.C. :- 1.

By this application the applicant seeks extension of time to comply with the order dated 28th April, 2015. It is the case of the applicant that the applicant could not upload the copy of order in Form INC-28 due to financial crunch and also due to non-availability of qualified Company Secretary to assist and guide the applicant. 2.

Learned counsel appearing for the respondent opposes this application on the ground that the applicant had caused delay earlier also and was imposed costs of Rs.10,000/- by this Court vide order dated 28th April, 2015. She submits that the applicant has not 1/2

3-ca1006-15 satisfactorily explained the delay in the affidavit in support of the company application.

3.

No affidavit in reply has been filed by the respondent. Though the delay is not satisfactorily explained completely but in the interest of justice, in my view interest of justice would be met with if delay is condoned on payment of costs of Rs.10,000/- by the applicant, which shall be paid to the respondent within two weeks from today.

4.

I therefore, pass the following order :- a).

The company application is made absolute in terms of prayer clauses (a) and (b) on the condition that the applicant pays the costs of Rs.10,000/- to the respondent within two weeks from today.

b).

If the costs of Rs.10,000/- is not paid by the applicant within two weeks from today, the order passed by this Court in terms of prayer clauses (a) and (b) to stand vacated without further reference to the Court.

(R.D. DHANUKA, J.) 2/2