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2012 (11) TMI 123 - HC - Companies LawRigors u/s 599 of Co.’s Act to prevent a co. to institute legal proceedings- Held that:- Company will be establishing a place of business in India, if it has a specified or identifiable place at which it carries on business, such as an office, store house, godown or other premises having some concrete connection between the locality and its business. The word 'establish' indicates more than occasional connection. This evidence amply establishes that the petitioner company has an established place of business in India. Admittedly, the provisions of Sections 592 to 594 have not been complied with. Section 599 creates a hurdle for such a foreign company to institute any legal proceedings . At this stage, learned counsel for the petitioner submits that the provisions of Section 599 are not mandatory; they are directory; on the payment of the requisite fee this irregularity can be cured. - petition not being maintainable is accordingly disposed of with liberty granted to the petitioner to file a fresh petition after curing the defects. Pending applications also stand disposed of. Period spent in pursuing this litigation be excluded for the purposes of limitation.
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