Leena D. Bagwe vs The Registrar Of Companies, Mumbai

Ms. Leena D. Bagwe ...Appellant Versus The Registrar of Companies, Mumbai ...Respondent

For Appellant: Mr. Prakash K. Pandya, PCS For Respondent: None

ORDER

23.06.2020 Heard the Learned Practising Company Secretary for the

Appellant. This Appeal has been filed against Impugned Order dated 07th

January, 2020 pronounced by the National Company Law Tribunal, Mumbai

Bench, Mumbai in C.P. No. 1461/252/MB/2019. The Prayer of the Appeal is

only challenging the portion of the Impugned Order where costs of Rs. 7 Lakhs

have been imposed by the Ld. NCLT while deciding the C.P No.

1461/252/MB/2019 on 07th January, 2020.

2. By the Impugned Order, Ld. NCLT noticed that the Appellant was

incorporated on 17th December, 1991 and the Appellant came to be struck off on

04th December, 2018 as it had not filed Annual Returns since incorporation. In

Para 10 of the Impugned Order, the Restoration of the name of the Company was

allowed subject to payment of costs Rs. 7 Lakhs.

3. In this matter, Notice was issued on the last date. We do not have the

Respondent/RoC before us. Even otherwise, costs would be a matter of judicious

consideration by the Ld. NCLT and in Appeal by us.

Company Appeal (AT) No. 40 of 2020 2

4. The Impugned Order does not show as to why such a huge costs of Rs. 7

lakhs have been imposed. Mr. Prakash K. Pandya, Practising Company Secretary

states that this Tribunal may substitute the costs imposed by any reasonable

amount.

5. Going through the matter, it appears to us that in the facts of the case, in

place of Rs. 7,00,000/-, costs should be Rupees One Lakh Fifty Thousand only/-

. In the Impugned Order, in place of "Rs. 7,00,000/-" read "Rs.1,50,000/-".

6. We make it clear that this Order will not come in the way of RoC to recover

other statutory penalties/dues/filings, liable to be paid by the Appellant, as per

law.

The Appeal is disposed of.

[Justice A.I.S. Cheema] Member (Judicial)

[Justice Venugopal M.] Member (Judicial)

[Kanthi Narahari] Member (Technical)

Basant B./md /

Company Appeal (AT) No. 40 of 2020