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2017 (7) TMI 825 - Tri - Companies LawRestoration of name of the Company in the Register of Companies - Held that:- The Petitioner Company has not complied with filing of the statutory returns, namely annual returns and balance sheet of the Company from the year 2000 to 2012, and in the circumstances was directed to comply with filing of the statutory returns/documents. The order imposed cost of ₹ 20,000 payable to the Central Government within 6 weeks. It is another matter that even the said directions have not been complied with. However, the above order cannot condone the consequences of non-compliance of provisions under Section 3 of the Companies Act, 1956 in relation to the maintenance of statutory minimum paid up capital of the Company being the private limited company at ₹ 1.00 lakhs (Rupees one lakh). Obviously, the provisions of the above Sections namely 3(3) and 3(5) of the Companies Act, 1956 have not been taken note of while rendering the above order dated 12.7.2013 by the Hon'ble High Court and as rightly contended by the Ld. Representative of ROC that the order dated 12.7.2013 is required to be considered as 'per incuriam'. The provisions of Section 3(3)and Section 3 (5) of the Companies Act, 1956 has not been taken note of at the time of rendering the order on 12.7.2013 making the order Hon'ble High Court per incuriam. It is a classical case where substantive statutory provisions have escaped notice of the High Court which direct material effect on the issue raised. Therefore, such an order attracts the title of 'per incuriam'. Therefore, we do not find any justifiable reason to condone the above lapse of the Petitioner Company and neither the same has been prayed for. In the circumstances, we do not find any infirmity in the action of the Respondent-ROC in striking off the name of the Company from the register of companies and hence this Petition is dismissed with cost of ₹ 10,000/- payable by the Petitioner to the Respondent within a period of two weeks from the date of its order.
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