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of <h1>Appeal Dismissed: Time-barred, Lack of Merit. Upheld Order Emphasizes Clear Communication, Just Decisions.</h1> <h3>Registrar of Companies, Maharashtra, Mumbai Versus Acadia Hotels and Resorts LLP (Formerly known as Acadia Hotels and Resorts Pvt. Ltd.), Agility Steel and Developers LLP, Brickstone Construction LLP, Grishmak Travels and Transport LLP and Rakshak Properties LLP</h3> Registrar of Companies, Maharashtra, Mumbai Versus Acadia Hotels and Resorts LLP (Formerly known as Acadia Hotels and Resorts Pvt. Ltd.), Agility Steel ... Issues:1. Jurisdiction of the Tribunal regarding the refusal to register or give effect to conversion of companies into LLPs.2. Timeliness of the appeal and condonation of delay.3. Merits of the case regarding compliance with statutory procedures for conversion of companies into LLPs.Analysis:1. The Respondents filed a Company Petition against the Registrar of Companies, seeking permission to rectify errors in their Form - 3 without penalties. The Tribunal allowed the petition, stating no willful negligence by the Respondents, as they had been filing other required forms without objection. The Appellant contended that the Tribunal lacked jurisdiction as they had not refused registration or conversion, suggesting the Respondents approach the Central Government for compounding of offenses.2. The Appellant's appeal was questioned for timeliness. The Companies Act allows a 45-day window for appeals, extendable on sufficient cause shown. The appeal was filed beyond the prescribed period, and the grounds for delay were found insufficient. The appeal was deemed time-barred and not maintainable.3. If the appeal were considered on merit, it was argued that the Respondents complied with procedures in place during their conversion to LLPs. The Form-3 was accepted initially, followed by Forms 8 and 11 without objection until 2016. The introduction of a computerized system in 2013 caused confusion, as pre-2013 filings were not captured. The Tribunal found no fault in the Respondents' actions, emphasizing the need for authorities to communicate requirements clearly during system changes. The impugned order was upheld for being just and aligned with legal principles.In conclusion, the appeal was dismissed on grounds of timeliness and merit. The impugned order was upheld, emphasizing the importance of clear communication from authorities during procedural changes and the need for justice-oriented decisions.
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