Karnataka High Court
Scotis Garments Limited vs Nil on 25 August, 2012
Author: Jawad Rahim
Bench: Jawad Rahim
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 25TH DAY OF AUGUST, 2012
BEFORE
THE HON'BLE MR.JUSTICE JAWAD RAHIM
COMPANY APPLICATION NO.1026/2012
IN
COMPANY PETITION NO.165/2009
BETWEEN:
SCOTIS GARMENTS LIMITED
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT OF 1957 AND
HAVING ITS REGISTERED OFFICE
AT 481-B, PEENYA INDUSTRIAL AREA
PEENYA IV PHASE
BANGALORE-560 058 ... APPLICANT
(BY SRI.DEEPAK, ADV.)
AND:
NIL ... RESPONDENT
THIS APPLICATION IS FILED UNDER RULES 6 AND 9 OF
THE COMPANIES (COURT) RULES, 1959 PRAYING TO CONDONE
THE DELAY OF 340 DAYS IN FILING THE CERTIFIED COPY OF
THE ORDER DATED 27.07.2011 BEFORE THE REGISTRAR OF
COMPANIES AS DIRECTED BY THIS COURT.
THIS APPLICATION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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ORDER
The applicant M/s.Scotts Garments Limited was successful in obtaining order of this Court under Section 391 and 394 of the Companies Act in COP.No.165/2009 sanctioning scheme of amalgamation vide Annexure "J" appended to the main petition.
2. The office was directed to draw up decree and the petitioner was bound over to serve copy of the order on the Registrar of Companies, Karnataka and Registrar of Companies, Maharashtra within thirty days and also to serve copy to the Inspector General of Stamps in the State of Karnataka.
3. The applicant submits that in pursuance to the order passed on 06.02.2010, decree was drawn on 27.07.2011. They obtained the certified copy on 15.02.2010 and filed it before the Registrar of Companies on 12.03.2010.
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4. That in terms of the order of this Court, the order copy had to be filed with the Registrar of Companies within thirty days from the date of the order. The company filed the certified copy of the order in time vide SRN A 80408503 dated 12.03.2010 on 18.03.2010. It was approved by MCA on 24.11.2010.
5. The applicant/company had to file the decree copy issued by the High Court of Karnataka for confirmation of amalgamation of both transferor and transferee company. Scotts Garments Limited obtained the certified copy of the decree on 27.07.2011. The transferor company filed Form No.21 on 13.08.2011. In terms of the order, the decree copy had to be filed within thirty days from the date of order. It is submitted that petitioner applied for grant of certified copy of the order on 15.02.2010 and it had furnished to the Registrar of Companies in the prescribed form No.21. But the same is rejected by the Registrar of Companies treating it as defective. The petitioner submits that they have rectified all defects and only the delay in filing the decree has to be 4 condoned. In this regard, it has submitted that non filing of decree is due to reasons referred to above and not due to the lapses on their part.
On perusal of the records, I am satisfied that the delay in filing the decree copy has occasioned because the transferee company was immobile and the applicant had difficulty in procuring the documents.
Considering the circumstances narrated in its totality, I am satisfied the applicant has explained the delay. In the result, C.A.No.1026/2012 is allowed.
The delay in filing the decree is condoned.
Sd/-
JUDGE vg/-