Chandrakant Ishvarlal Patel vs Registrar Of Companies Ahmedabad ...

Chandrakant Ishvarlal Patel ....Appellant

Vs.

Registrar of Companies, Ahmedabad, Gujrat ....Respondent

Present: For Appellant:- Mr. Abhishek Chhajed, PCS. For Respondent:- None.

WITH Company Appeal (AT) No. 68 of 2021

IN THE MATTER OF:

Chandrakant Ishvarlal Patel ....Appellant

Vs.

Registrar of Companies, Ahmedabad, Gujrat ....Respondent

Present: For Appellant:- Mr. Abhishek Chhajed, PCS. For Respondent:- None.

ORDER

(Virtual Mode)

21.07.2022: In CA (AT) No. 67 of 2021, the Appellant has challenged the

order dated 16.02.2021 passed by the National Company Law Tribunal

(Ahmedabad Bench Court-I) in Co. Appeal 151/252(3)/NCLT/AHM/2020 and in

CA (AT) No. 68 of 2021 the Appellant has challenged the order dated 11.02.2021

passed by the National Company Law Tribunal (Ahmedabad Bench Court-I) in

Co. Appeal 149/252(3)/NCLT/AHM/2020 whereby and whereunder the

Tribunal directed that the restoration of the Company's name is subject to the payment of cost of Rs. 25,000/- (Rupees Twenty-Five Thousand Only) for each

year of default through online payment in www.mca.gov.in.

2. The Ld. Counsel for the Appellant submits that the Tribunal has imposed

thecost is too high as Company's default is of 15 Years and therefore it will

amount to 25000*15= 375000/- which is a financial burden for the company.

3. The Ld. Counsel for the Respondent has filed Reply Affidavit through email

and the same was downloaded by the Office of this Tribunal and placed on

record. Wherein it is stated that there is no ground for interference in the

impugned order.

4. After hearing the parties, we modify the orders dated 16.02.2021 and

11.02.2021 passed by the National Company Law Tribunal (Ahmedabad Bench

Court-I) only to the extent that the Appellant (herein) is directed to pay cost of

Rs. 10,000/- in place of 25,000/- for each year of default through online

payment in www.mca.gov.in.

With these observations and directions these Appeals are disposed of.

5. Registry to upload the Order on the website of this Appellate Tribunal and

send the copy of this Order to the National Company Law Tribunal (Ahmedabad

Bench Court-I) forthwith.

[Justice Anant Bijay Singh] Member (Judicial)

[Ms. Shreesha Merla] Member (Technical)

R.N./Kam./ Company Appeal (AT) No. 67 & 68 of 2021 -2-