TMI Blog2009 (12) TMI 502X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner-company shall then stand set aside. 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 the name of the company had not been struck off, in accordance with section 560(6) of the Companies Act, 1956. - C.P. NO 297 OF 2009 - - - Dated:- 2-12-2009 - SUDERSHAN KUMAR MISRA, J. Manoj K. Garg and Santhosh Kumar for the Petitioner. Raisuddin for the Regional Director. JUDGMENT Sudershan Kumar Misra, J. This is a petition under section 560(6) of the Companies Act, 1956, seeking restoration of the name of the company on the Register of Companies maintained by the Registrar of Companies. M/s. Sohal Agencies P. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate that the petitioner-company has been active since incorporation, and has also been maintaining all the requisite documentation, as per the provisions of the Companies Act, 1956. In support of this statement, copies of the balance-sheets for the years 2001-02 to 2007-08, have been annexed to this petition. 4. It is further stated by counsel for the petitioner that the petitioner-company did not receive any show-cause notice, nor was it afforded any opportunity of being heard before the aforesaid action was taken by the respondent. Counsel for the petitioner suggests that this was probably because the address of the petitioner-company on the website of the Registrar of Companies is displayed as "3-285, G. K. 1, Top Floor, New Delhi", ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of the petitioner-company, and a new employee attempted to file the returns and balance-sheets for 2007-08, that the fact of non-filing of the returns and other documents with the Registrar of Companies, as well as the fact that the petitioner-company's name had been struck off the register maintained by the Registrar of Companies, was known to the petitioner-company. 7. The respondent does not have any objection to the revival of the company, subject to the petitioner filing all outstanding statutory documents, i.e., annual returns from September 30, 2001 to September 30, 2008, balance-sheets for March 31, 2001 to March 31, 2008, along with the filing and additional fee, as applicable on the date of actual filing. The certificates o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at of the management. I might notice that rule 94 of the Companies (Court) Rules, 1959, states, inter alia , as follows : "Unless for any special reasons the court 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. 35,000 as costs, payable to the Registrar of Companies within 3 weeks from today, and subject to the completion of all formalities, including payment of any late fee or any other charges which are leviable by the Registrar of Companies for the late deposit of statutory docume ..... X X X X Extracts X X X X X X X X Extracts X X X X
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