M. MEYYAPPAN Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) THIS petition is filed under Section 633(2) of the Companies Act, 1956, read with rule 11A of the Companies (Court) Rules, 1959, seeking an order to relieve the petitioner of his liability in relation to the offence under Section 233B read with the Cost Audit (Report) Rules, 1968.

(2.) THE case of the petitioner is briefly stated hereunder :

(3.) PURSUANT to the notice, the respondent Registrar of Companies has filed a counter -affidavit disputing various averments made by the petitioner. It is stated that the time -limit for rendition of report prescribed under rule 4 is only 120 days. The petitioner company's request dated June 30, 1995, and the cost auditor's request dated July 10, 1995, for extension of time for submitting the cost audit report have been declined by the Central Government, consequently no extension of time has been allowed to the company. As the reply is not satisfactory and convincing, the respondent officer has preferred acomplaint under Section 2336(11) before the Judicial Magistrate Court I, Pollachi on June 5, 1996. After filing of the complaint, this petition is not maintainable and the remedy is that the petitioner should prefer a petition under Section 633(1) before the Judicial Magistrate, Pollachi, where the complaint is filed and pending.