Lombardy Investments Ltd v Registrar of International Business Companies (MC 3/2019) [2019] SCSC 68 (02 February 2019);

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Headnote and Holding: 

Lombardy Investments Ltd is restored to the Register of International Business Companies upon meeting all legal requirements under the International Business Act and payment of all fees and penalties due and payable under the Act.


ORDER


TWOMEY CJ

 [1]      The Petitioner is a company, number 087698, incorporated in Seychelles pursuant to the International Business Company Act 1994 repealed and replaced by the International Business Companies Act in 2016 (the Act). 

[2]       It was struck off the Register of International Business Companies on 18 June 2017 under section 272 of the Act for having failed to file the requisite statutory documents and returns and has incurred a penalty fee of USD 955 for breaching the said provisions of the Act 

[3]       Prior to the striking off and incurring the said arrears, the Petitioner satisfied the requirements prescribed for an International Business Company. 

[4]       The Petitioner filed a petition on 11 January 2019, supported by a joint affidavit sworn by Krishan Kumar Aggarwal and Shruti Lohia, the directors of the Petitioner company asking this court to restore the name of Lombardy Investments Limited to the Register of International Business Companies upon meeting all legal requirements under the Act and the payment of all fees payable under the Act.,

[5]       The Respondent has not opposed the application but maintains that the outstanding penalties ought to be paid before the Petitioner’s name can be restored to the Register.

[6]       In light of the above, this court makes an order restoring the name Lombardy Investments Ltd to the Register of International Business Companies upon meeting all legal requirements under the Act and payment, by Lombardy Investments to the Registrar of International Business Companies, of all fees and penalties due and payable under the Act.

[7]       A copy of this order to be served on the Registrar of International Business Companies.

[8]       I make no order as to costs.

 

Signed, dated and delivered at Ile du Port on 6 February 2019.

 

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Twomey CJ