9911796707
TMI Blog2010 (4) TMI 617X X X X Extracts X X X X X X X X Extracts X X X X ..... anies, NCT of Delhi and Haryana. 2. The Registrar of Companies, i.e., the respondent herein, struck the company's name off the Register due to defaults in statutory compliances, namely, failure to file annual returns for the period 30-9-2001 to 30-9-2008 and failure to file balance sheets for the period 31-3-2001 to 31-3-2008. 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 section 560(1), section 560(2), section 56 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 31-8-2006 to the address where the registered office of the company was situated before 2-9-1985. Therefore, there is every possibility that any notices issued by the respondent to the petitioners, with regard to any action taken under section 560 and sub-clauses (1) and (2) thereof by the respondent, may also not have been received by the petitioner, which may have, in turn, caused further lapses in statutory compliances by the petitioners. 5. It is stated by counsel for the petitioner that the present petition is within the limitation period stipulated by section 560(6) of the Companies Act, 1956, i.e., 20 years. 6. Counsel for the respondent does not have any objection to the revival of the petitioner-company, subject to the petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was not satisfied. At the same time, the petitioner-company is stated to be a functioning one, seeing that it had a turnover of Rs. 88,90,741 for the financial year ending in 31-3-2008, and looking to the decision of the Bombay High Court, it is only proper that the impugned order of the respondent, which struck the petitioner's name off the Register of Companies, be set aside. 9. Accordingly, the petition is allowed. The restoration of the petitioner-company's name to the Register will be subject to the petitioner filing all outstanding documents required by law and completion of all formalities, including payment of any late fee or any other charges which are leviable by the respondent for the late filing of statutory returns. The name o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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