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2019 (1) TMI 873 - HC - Companies LawIncrease in authorized share capital - failure to submit the e-From 5 - Held that:- Considering the reason furnished for not filing the such e-form 5 for the years 2010, 2012 and 2013 and also the submissions made by the petitioner it is observed that the Petitioner company itself admitted its fault for deliberately / intentionally not filing the required e-form 5 within the stipulated time limit vide its contention that various other forms were filed during the said period in spite of the fact that e-form 5 was also very much in operation / existence till 31.03.2014 for filing the same pursuant to the increase in the share capital by the Petitioner Company. There is no dispute that the authorized share capital was increased when the provisions of the Companies Act, 1956 were in vogue and the petitioner was required to deposit fee along with documents / form in terms of the Rules, as in place then but the fact remains and also conceded by Mr. Chopra that the petitioner had filed the e-Form only in the year 2014 after the Rules of 2014 were framed. If that be so, the fee as payable under the said Rules (of 2014), need to be deposited by the petitioner, as it is clear from the reading of the Rules that it is the fee, as applicable at the time of actual filing of the documents / Forms, which were due to be filed under the Companies Act, 1956 shall be payable. So it is the fee as in vogue on the date of filing of the documents / forms that shall be payable. We agree with the stand taken by the respondents in the counter affidavit.
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