A Venture Realtors Pvt. Ltd vs Registrar Of Companies, Pune

M/s. A. Venture Realtors Pvt. Ltd. ...Appellant

Versus

Registrar of Companies, Pune ...Respondent

Present:

For Appellant : Mr. Mustafa Ahmad Khan and Mr. Dhaval Deshpande, Advocates

For 1st Respondent: Mr. P.S. Khade, Assistant Registrar,

ORDER

08.10.2018 This appeal has been preferred by the appellant against the

order dated 30th July, 2018 so far it relates to imposition of cost of Rs. 7,50,000/-

imposed on the appellant for restoring its name.

Learned counsel appearing on behalf of the appellant submits that the

National Company Law Tribunal Mumbai Bench by allowing the application

under Section 252 of the Companies Act restored the name of the Company "A

Venture Realtors Pvt. Ltd." in the Register of the Registrar of Companies, Pune

but without any reason imposed cost of Rs. 7,50,000/-.

On Notice, Mr. P.S. Khade, Assistant Registrar appears and submits that

because of default a cost of Rs. 7,50,00/- has been imposed by the Tribunal.

Learned counsel for the appellant submits that they have already

deposited Rs.2,84,000/- with the Registrar of Companies towards penal amount

of fine as per the provision of the Companies Act, 2013. Therefore, for default

no additional cost can be imposed.

- 2-

Taking into consideration the facts and circumstances of the case we find

that the appellant having already paid the penal amount of Rs. 2,84,000/- under

the provisions of the Companies Act, there was no occasion to impose any further

cost for same default, we accordingly set aside the order dated 30th July, 2018

so far it relates to imposition of cost of Rs. 7,50,000/- as also the observations

and directions made against the company The appeal is allowed in part. The

impugned order stands modified to the extent above. No cost

[Justice S.J. Mukhopadhaya] Chairperson

[ Justice Bansi Lal Bhat ] Member (Judicial)

/ns/gc/

Company Appeal (AT) No. 319 of 2018