Home Case Index All Cases Companies Law Companies Law + Tri Companies Law - 2018 (1) TMI Tri This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (1) TMI 1441 - Tri - Companies LawRestoration of the name of the petitioner company on the Register of Companies maintained by the office of the ROC, NCT of Delhi and Haryana - section 560(6) of the Companies Act, 1956 - Held that:- The reason for striking off the name of the petitioner company is non-filing of Balance Sheet and Annual Returns since 1999 which resulted in the belief that the petitioner was not carrying on any business. Notice for striking off was published in the Official Gazette on 23.6.2007. Further the petitioner company has failed to produce any statutory return as proof of it being in operation and carrying on business. The name of the petitioner company has been struck off by following the procedure laid down by Section 560 of the Companies Act, 1956. One of the following three conditions are required to be satisfied before exercising jurisdiction to restore company to its original name on the register of the ROC namely: A) that the company at the time of striking off of its name was carrying on business, or B) it was in operation, or C) otherwise that it is just that the name of the company be restored to the register. When we apply the aforesaid statutory parameters to the facts of the present case the petitioner has not been able to show that on 23,06.2007 when it was struck off it was in fact carrying on business or it was in operation, On its own showing the petitioner filed his last annual returns in the year 1999. The petitioner has not been able to show any evidence to prove that it had filed even income tax returns from 2005 till 2014 - section 560(6) would not come to the rescue of the petitioner as no credible evidence has been shown to prove that the petitioner company was carrying on its business or was in operation on the date of striking off, or that it would be just that the name of the company be restored on the register of ROC. Petition dismissed.
|