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Nitesh C. Patel & Anr v. Onaex Natura Pvt. Ltd

Nitesh C. Patel & Anr v. Onaex Natura Pvt. Ltd

(National Company Law Tribunal)

IA 138 of 2018 in TP No. 20/397-398/NCLT/AHM/2016 (New) and CP No. 51/397-398/CLB/MB/2011 (Old)? | 19-04-2018

PCS Mr. Milind Kasodekar present for Respondent no. 1/Applicant and Respondent no. 3. Advocate Mr. Mayurajsinh Gohil present for Respondent no. 2. PCS Mr. Ajay Antarkar present for Respondent no. 4. Advocate Ms. Shilpi Chowdhary i/b Advocate Mr. Jay Savla present for Original Petitioners in IA 138 of 2018.

The instant application is filed by the Respondent no. 1 through its director i.e. Respondent no. 3 with a prayer to allow Respondent no. 1 company to make payments towards statutory dues of Rs. 2,09,650/- to the income tax authorities in addition to any interest and penalty levied on the Respondent no. 1 company by the Income Tax authority for delay in payment of the such income tax dues.

Heard the arguments of learned Counsel for the Applicant and the learned Counsel for the Respondents and peruse the record, we found that there is not stay order from this Court or from then CLB as such in respect of payment of statutory dues.

Under such circumstance Respondent no. 1 is at liberty to make payment of statutory dues, if any, to the Income Tax authorities.

Accordingly, IA 138 of 2018 is stands disposed of.

List the main matter on 20.05.2018.

Advocate List
Bench
  • Harihar Prakash Chaturvedi, Member (Judicial)
  • Manorama Kumari, Member (Judicial))
Eq Citations
  • LQ/NCLT/2018/8595
Head Note

Companies Act, 2013 — Ss. 244, 245 and 246 — Interim relief — Statutory dues — Payment of — When no stay order in force — Respondent company at liberty to make payment of statutory dues to Income Tax authorities