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2015 (5) TMI 765 - DELHI HIGH COURT

2015 (5) TMI 765 - DELHI HIGH COURT - TMI - Application under Section 560(6) of the Companies Act, 1956 for restoration of name - Name stuck off due to non-filing of Annual Returns - Initiation of proceedings under Section 560 of the Companies Act, 1956 - Primary responsibility for ensuring that proper returns and other statutory documents are filed, in terms of the statute and the rules, remains that of the management - Held that:- It has been averred on behalf of the respondent that though the .....

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on the old address of its registered office and the same may not have been received by the petitioner.

Under the facts and circumstances, it is possible that notice in respect of action under S.560 of the Companies Act, 1956, was not sent to the registered office of the company. Consequently, the condition precedent for the initiation of proceedings to strike off the name of petitioner from the Register maintained by the respondent, was not satisfied. And looking to the fact that the .....

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act that a greater degree of care was certainly required from the petitioner company in ensuring statutory compliances.

Accordingly, the petition is allowed. The restoration of the company’s name to the Register maintained by the Registrar of Companies will be subject to payment of costs of ₹ 22,000/- to be paid to the common pool fund of the Official Liquidator, within three weeks; and on completion of all formalities, including payment of any late fee or any other charges whic .....

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vocate. For The Respondent : Ms. Aparna Mudiam, Asstt. ROC. JUDGMENT SUDERSHAN KUMAR MISRA, J. 1. This petition has been filed by Pancham Hotels Pvt. Ltd. (hereinafter called the petitioner ) under Section 560(6) of the Companies Act, 1956 praying for restoration of its name in the register of companies maintained by the Registrar of Companies. 2. The petitioner was incorporated with the Registrar of Companies, NCT of Delhi & Haryana (hereinafter called the respondent ) as a company limited .....

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ster due to defaults in statutory compliances, namely, non-filing of Annual Returns from 1998 to 2014, and Balance Sheets from 1998 to 2014. It has been submitted on behalf of the respondent that procedure under S.560 was duly followed, with notices/letters as required under S.560(1) and S.560(3) sent at the registered office address of the petitioner. It is further submitted that notice dated 31.05.2007 under Section 560(5) for striking off the name of the petitioner from the register maintaine .....

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ts with Schedule of fixed assets of the company and profit and loss account for the financial years ending 31.03.2011 to 31.03.2013, and also the acknowledgement for Income Tax Returns for Assessment Years ending 31.03.2012 to 31.03.2014, copies of all of which are annexed with the petition. 5. It is further stated by the petitioner that it did not receive any notices/letters/show-cause notices as required under Section 560(1) and (2) of the Companies Act, 1956, nor was it afforded any opportuni .....

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maintained with the respondent. 6. Admittedly, the registered office of the petitioner was changed from 46, Arakashan Building Road, Paharganj, New Delhi - 55 and to B-164, Vikas Nagar, Ranhaulla Road, Behind S.M. Tent House, Near Hastsal Village, Utttam Nagar, New Delhi - 59. The petitioner is stated to have duly filed Form 18 with the respondent notifying the change in situation of its registered office against receipt dated 03.06.1998 issued by the respondent in this regard, copies of the sa .....

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ompany was unable to upload certain statutory documents with the respondent, per the information available on the web portal of the Ministry of Corporate Affairs and subsequent inspection of the official records of the company carried out by company s authorised representative. The petitioner further came to know that the change in situation of its registered office had not been updated in the official record. 8. It has been averred on behalf of the respondent that though the notices/letters und .....

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of its registered office and the same may not have been received by the petitioner. 9. Counsel for the respondent has submitted that the respondent has no objection to the restoration of the petitioner company s name under Section 560(6) of the Companies Act, 1956, subject to the petitioner filing all statutory documents, i.e. annual returns from 1998 to 2014 and balance sheets as at 1998 to 2014, and other requisite documents along with filing fee and additional fee, as applicable on the date o .....

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after the company judge is satisfied that such restoration is necessary in the interests of justice. This decision has been followed by this Court in M/s Medtech Pharma (India) Pvt. Ltd. v. Registrar of Companies, CP No. 241/ 2009; M/s Santaclaus Toys Pvt. Ltd. v. Registrar Of Companies, CP 271/2009; M/s Deepsone Non-Ferrous Rolling Mills Pvt. Ltd. v. Registrar of Companies, NCT of Delhi and Haryana, CP No. 285/2009; M/sKakku E and P Control Pvt. Ltd. & Anr. v. The Registrar of Companies, NC .....

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