Anmol Vij v. The Registrar Of Companies

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.09.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU C.R.P. No.1918 of 2021 Anmol Vij

...Petitioner

Vs.

The Registrar of Companies AGR Business Park I Floor, Phase II, Avinashi Road Civil Aerodrome Post Coimbatore 641 014.

...

Respondent Prayer: Petition under Article 227 of the Constitution of India against the order dated 28.01.2021 passed in CA/556/2020 on the file of the National Company Law Tribunal, Chennai Bench. For Petitioner : Mr.N.Rajasekar

ORDER

(Made by the Hon'ble Chief Justice) The petition is directed against a speaking order of the National Company Law Tribunal, Chennai, on the petitioner's application for revival of a company which has been struck off the register by the Registrar of Companies.

2. In the order dated January 28, 2021, the Tribunal considered the report furnished by the Registrar and imposed certain conditions on the company and its officials for the purpose of restoring the name of the company to the register and undoing the decision of the Registrar to strike off the name. It is evident that the principal grievance of the petitioner herein is the payment of costs of Rs.50,000/- as directed by the order impugned.

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3. There is sufficient basis to the order for costs since the name of the relevant company was struck off because of the default on the part of the company and its officers and the imposition of nominal costs of Rs.50,000/- does not shock the conscience of this court.

4. When a specialised body has looked into a matter and has granted the relief upon imposing a condition for payment of nominal costs, this Court in exercise of its extraordinary jurisdiction even under Article 227 of the Constitution may not interfere unless the condition appears to be so onerous so as to make the relief illusory.

5. For the reasons aforesaid, C.R.P.No.1918 of 2021 is dismissed. There will be no order as to costs. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar tar To The Registrar of Companies AGR Business Park I Floor, Phase II, Avinashi Road Civil Aerodrome Post Coimbatore 641 014.

+1cc to Mr.P.Jemes victor, Advocate, S.R.No.47036 C.R.P.No.1918 of 2021 PA(CO) CT(28/09/2021) https://hcservices.ecourts.gov.in/hcservices/