HARDICON LTD. Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) LEARNED Counsel for the respondent -Registrar of Companies appears on an advance notice and has been heard.

(2.) AS limited controversy is involved in the present cases, with the consent of the parties, the present writ petitions are heard and are being disposed of with this common order.

(3.) SECTION 234(1) and (7) of the Act read as under: 234. Power of Registrar to call for information or explanation. - -(1) Where, on perusing any document which a company is required to submit to him under this Act, the Registrar is of opinion that any information or explanation is necessary with respect to any matter to which such document purports to relate, he may, by a written order call on the company submitting the document to furnish in writing such information or explanation, within such time as he may specify in the order... (7) If it is represented to the Registrar on materials placed before him by any contributory or creditor or any other person interested that the business of a company is being carried on in fraud of its creditors or of persons dealing with the company or otherwise for a fraudulent or unlawful purpose, he may, after giving the company an opportunity of being heard by a written order, call on the company to furnish in writing any information or explanation on matters specified in the order, within such time as he may specify therein; and the provisions of Sub -sections (2), (3), (3A), (4) and (6) of this section shall apply to such order. If upon inquiry the Registrar is satisfied that any representation on which he took action under this sub -section was frivolous or vexatious, he shall disclose the identity of his information to the company.