Home Case Index All Cases Companies Law Companies Law + Tri Companies Law - 2020 (4) TMI Tri This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (4) TMI 419 - Tri - Companies LawCancellation of Certificate of Incorporation - whether the incorporation of the R-1 Company was done in accordance with extant provisions of Law with due consent of the Petitioner or not? - HELD THAT:- As per Section 7(1)(b) of the Companies Act 2013, a declaration in the prescribed form by an Advocate, a Chartered Accountant, Cost Accountant or Company Secretary etc. has to certify the requirements of this Act and the Rules made thereunder in respect of registration and matters precedent or incidental thereto have been complied with. As per Section 7 (5) of the Companies Act 2013, says if any person furnishes any false or incorrect particulars of any information or suppresses any material information, of which he is aware in any of the documents filed with the Registrar in relation to the registration of a company, he shall be liable for action under Section 447. The Respondent No. 3 failed to fulfil his statutory professional duties in following the extant provisions of the Companies Act, in incorporating the R 1 Company. He has given false declaration that the petitioner has signed the requisite documents in question before him. Therefore, the incorporation of R 1 Company ab initio void as per the said proviso, apart from criminally liable for action against the Second and third Respondent - also, the Lease Agreement in question for lease of house of father of Petitioner for the office of the Company cannot be relied upon and the statement in this regard by the third Respondent is also deemed to be false. The incorporation of R 1 Company vitiated by fraud, and the same is done by the Second Respondent in connivance with third Respondent - Application disposed off.
|