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2009 (12) TMI 500

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..... vide Certificate of Incorporation No. 13188 as a private limited company with the Registrar of Companies, NCT of Delhi and Haryana. The petitioner-company is stated to be engaged in the business of manufacture, sale and trading of all kinds of industrial control components, parts and accessories, including magnetic separators, electric magnetic gaps and industrial bells and sirens. 2. According to the Registrar of Companies, i.e., the respondent herein, the company's name was struck off the register due to defaults in statutory compliances, namely, failure to file the necessary annual accounts, returns and other documents from March 31, 2005, onwards. Consequently, the Registrar of Companies initiated proceedings under section 560 of the C .....

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..... any show-cause notice, nor was it afforded any opportunity of being heard before the aforesaid action was taken by the respondent. 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. He submits that the accounts of the petitioner-company were prepared and audited every year, and that the company had engaged the services of a firm of chartered accountants to perform the task of filing the returns with the office of the Registrar of Companies. It is stated that this firm failed to file the annual returns and other documents with the respondent from the financial year March 31, 2005, onwards. 7. The respondent doe .....

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..... shall otherwise order, the order shall direct that the petitioners do pay to the Registrar of Companies his costs of, and occasioned by, the petition." 10. Consequently, the restoration of the company's name to the register maintained by the Registrar of Companies will be subject to the payment of Rs. 22,000 as costs, payable to the Registrar of Companies within three weeks from today, and subject to the completion of all the formalities, including the payment of any late fee or any other charges which are leviable by the Registrar of Companies for the late deposit of statutory documents. The impugned order for striking off the name of the petitioner-company shall then stand set aside. The name of the petitioner-company, its directors and .....

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