DURGA DASS Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) HEARD . The main reason advanced for relief under S. 633 of the Companies Act is that due to labour unrest the company was unable to finalise its accounts. Another factor mentioned is that the auditors of the company on account of differences with the Directors resigned and the new set of auditors did not complete the job of finalising the accounts as a consequence whereof a third set of auditors were appointed who finalised the accounts. It is conceded by the counsel that the Directors had to make extra payment to the staff in the accounts Department of the company to have the accounts finalised. It is further stated that the accounts have been made upto date and the same have since been filed with the Registrar of Companies. It is further stated by the counsel that there are no creditors pressing the company for payment of their dues nor are they opposed to the condonation of delay in filing of the accounts which have since been filed.

(2.) IN view of the above, I allow the petition. The petitioners are relieved from any liability on account of such non-filing or delayed filing of the accounts relating to financial years 1988 to 1991 and they shall not be prosecuted for the same. Registrar would, however, be at liberty to charge such fee for late filing as is prescribed under S. 611(2) of the Act. The petition stands disposed of in the above terms.