Home Case Index All Cases Insolvency and Bankruptcy Insolvency and Bankruptcy + AT Insolvency and Bankruptcy - 2020 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (11) TMI 627 - AT - Insolvency and BankruptcyRestoration of name of a Company in the register of companies - requirement of pending Financial Statements and Annual Returns with the Registrar - HELD THAT:- It is to be remembered that Rule 12 of Companies (Registration Offices and Fees) Rules, 2014 says that the documents required to be submitted, registered or recorded or any fact or information required or authorised to be registered under the Companies Act shall be submitted, filed, registered or recorded on payment of the fee or on payment of such additional fee as applicable An ‘Appeal’ can be filed by a ‘person’ aggrieved by the ‘Registrar of Companies’ ‘Order’ notifying the dissolution of the Company, within three years from the date of order of the ‘Registrar of Companies’ communicating the reasons thereto - In Law, the dissolution of a Company will not result in removing the ‘Debtors’ liability of the Company for the purpose of discharging the dissolved Company’s obligations / liabilities /payment(s) it can carry on its operations. Direction issued to the Appellant / ROC, West Bengal to restore the name of the Company (M/s Goouksheer Farm Fresh Pvt. Ltd.) (First Respondent - in Appeal) for completion of ‘Corporate Insolvency Resolution Process’ effectively in the register of Companies cannot be found fault with. However, the further direction issued by the Tribunal, to the Appellant ‘not to levy any fee / penalty’ to the Company because Company is in ‘Corporate Insolvency Resolution Process’ is legally untenable - appeal allowed.
|