IN RE Vs. MNR RESEARCH CONVENTIONS PRIVATE LIMITED

JUDGEMENT

(1.) The present Company Application bearing CA No. 167/Rule 15 r/w Rule 11/HDB/2017, is filed by MNR Research Conventions Private Limited, under Rule 15 r/w Rule 11 of NCLT Rules, 2016, by inter-alia seeking to condone the delay in delivering the order passed by the Hon'ble High Court of Judicature at Hyderabad in CP No, 195 of 2016, in filing the copy of the order in Form INC-28 with Registrar of Companies (RoC) within a period of 30 days.

(2.) Heard Shri L. Dhanamjay Reddy, Learned PCS for the Applicant Company. He submits that the Hon'ble High Court, vide common order dated 18.08.2016 passed in CP No. 194 & 195 of 2016, sanctioned the Scheme of merger as approved by the Companies, with a further direction to the Companies to communicate certified copy of this order to the Registrar of Companies within 30 days from the date of receipt of the copy of the order. The learned PCS submits that the certified copy of the said order was received on 27.09.2016, and the due date of 30 days to file the oider was 26.10.201

(3.) However, the same could not be filed within the stipulated time since the Applicant Company was under the impression that order copy to be submitted to the RoC in Form No. INC 28, after payment of stamp duty for transfer of undertaking from Transferor Company to Transferee Company. Accordingly the Applicant Company has applied to the Inspector General of Registration Department for adjudication of stamp duty. Finally, the Company has obtained the Certificate under Bombay's Stamp Act 1958 on 10.03.2017 for payment of stamp duty and the Company Filed Form No. INC-28 on 04.09.2017, vide SRN: G51994028.