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TMI Blog2009 (9) TMI 585X X X X Extracts X X X X X X X X Extracts X X X X ..... . 27, dated 7-6-2007. 3. It is stated that the aforesaid company was incorporated on 14-2-2003 as a private limited company having an authorised capital of Rs. 3 lakh divided into 30 thousand equity shares of Rs. 10 each and paid-up capital of the company was Rs. 1,10,000. The company was formed for carrying on the business of all types of civil constructions. The company was also registered as one of the contractors with the Public Health Engineering Department and the Irrigation Department of the Government of Bihar and it is stated that it was getting contract from the said two departments. 4. However, it is stated that inadvertently the balance sheet and annual returns of the company were not filed with the RoC. It is further pointed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the name of the petitioner-company has been struck off from the register of companies after duly complying with the provisions of section 560 of the Companies Act, 1956 ('the Act') by issuing letter, registered letter and thereafter publishing the show cause in the Official Gazette and finally striking off the name of the company. It is stated that the same was done because from the very inception, after incorporation, the company never filed annual returns and other documents as required under the Act. Reference is also made to a Circular issued by the Government of India in the Department of Company Affairs that if in such cases for three consecutive years the statutory returns are not submitted, then steps may be taken for strikin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section 560 of the Act before striking off the name of the company from the register of companies. It is the petitioner which is to be blamed for not having bothered to even reply to the letters and notices issued by the Registrar. However, it is stated that the RoC does not have any objection if the name of the company is ordered to be restored in the register of companies provided the petitioner files all the statutory returns along with other forms within thirty days along with the fees and additional fees as per the provisions of the Act and complying with the other statutory formalities. 7. On a consideration of the aforesaid facts and circumstances and the submissions made by the parties, this Court is of the view that considering t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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