9911796707
TMI Blog2010 (4) TMI 598X X X X Extracts X X X X X X X X Extracts X X X X ..... ny with the Registrar of Companies, NCT of Delhi and Haryana. 2. The Registrar of Companies, i.e., the respondent herein, struck the petitioner company's name off the Register due to defaults in statutory compliances, namely, failure to file balance-sheets for the period 31-3-2001 to 31-3-2008 and failure to file annual returns for the period 30-9-2001 to 30-9-2008. Consequently, the Registrar of Companies initiated proceedings under section 560 of the Companies Act, 1956, for the purpose of striking the name of the company off the Register maintained by the Registrar of Companies. It is stated by counsel for the respondent that the procedure prescribed under section 560 of the Companies Act, 1956 was followed, notices as required under se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 20 years. 6. The petitioner avers that the accounts of the petitioner company were prepared and audited every year, and that the company had engaged the services of a Company Secretary, namely, Mr. Sunil Bahri, to perform the task of filing the returns with the office of the Registrar of Companies. It is submitted that from the year 2000, the said Company Secretary did not file the returns and other necessary documents with the Registrar of Companies and did not reveal this fact to the Directors of the petitioner company. It is further submitted that it was only in August 2008, when the balance sheet as at 31-3-2008 and the auditors' report in respect thereof was ready to be filed with the respondent that the fact of non-filing of the retu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was certainly required from the petitioner company in ensuring statutory compliances. Looking to the fact that the annual returns for the period 30-9-1999 to 30-9-2008, as well as balance sheets for the period 31-3-1999 to 31-3-2008, were not filed, to my mind, this is not merely a case of negligence on the part of the firm of the Company Secretary. If any employee, whether part-time or full-time, defaults in his duties, the primary responsibility for ensuring statutory compliances, as per sections 159 and 200 of the Companies Act, 1956, remain that of the management. At the same time, since there is the possibility of the company to continue to function and recover its losses, even though it is stated to have run into accumulated losses of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ese reasons, the petition deserves to be allowed subject to payment of Rs. 22,000 as costs to the Registrar of Companies and further costs of Rs. 11,000 to be deposited in the common pool fund of the Official Liquidator. Costs to be paid within three weeks. 12. Consequently, the restoration of the petitioner's name to the Register maintained by the respondent will be subject to the payment of costs, as aforesaid, and the completion of all formalities, including payment of any late fee or any other charges which are leviable by the respondent for the late deposit of statutory documents. The name of the petitioner company, its directors and members shall, as a consequence, stand restored to the Register of the Registrar of Companies, as if t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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