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Bandhu Systematix Private Limited Versus Registrar of Companies

Restoration of name in the register of companies maintained by the Registrar of Companies - Held that:- Notice in respect of action under S.560 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. Looking to the fact that the petitioner is stated to be a running company; and that it has filed this petition within the stipu .....

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m the petitioner company in ensuring statutory compliances. Looking to the fact that annual returns and balance sheets were not filed for almost seventeen years, the 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.

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 pay .....

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panies Act, 1956. - Co. Pet. 787/2015 - Dated:- 24-5-2016 - Sudershan Kumar Misra, J. For the Petitioner : Mr. Anuj Kumar, Advocate For the Respondent : Ms. Aparna Mudiam, Asstt. ROC. (Restoration of company s name in the register) ORDER Sudershan Kumar Misra, J. 1. This petition has been filed by Bandhu Systematix Private Limited (hereinafter known as the petitioner ) under Section 560(6) of the Companies Act, 1956 praying for restoration of its name in the register of companies maintained by t .....

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cture of other stationery used for such purposes. Presently, the registered office of the petitioner is stated to be situated at 8-B,Bahadur Shah Jafar Marg, New Delhi- 110002. 3. The respondent initiated the proceedings under S.560 of the Companies Act, 1956 to strike the name of the petitioner off the register due to defaults in statutory compliances, namely, non-filing of Annual Returns from 2000 to 2015, and Balance Sheets from 1998 to 2015. It has been submitted on behalf of the respondent .....

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es Act, 1956, nor was it afforded any opportunity of being heard before action under S.560(5) was taken by the respondent. The petitioner also averred that upon inspection of official records of the petitioner-company carried out by its authorised representative, no documents pertaining to S.560 were found. It is further averred that no documents evidencing the basis on which the respondent came to the conclusion that the petitioner-company was not carrying on its business was either provided to .....

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t the company is not only a running concern but is expected that in future the company is going to be a profit making concern. In support of this statement, the petitioner has relied on certified copy of its annual accounts for the period 2000 to 2014 and the income tax returns for the year 2004 to 2014, copies of all of which are annexed with the petition. 7. The petitioner avers that the accounts of the company were prepared and audited every year, and the same is reflected by the annexures at .....

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aware that the Registrar of Companies documents have not been filed by the accountant on whom the responsibility was given. It was further submitted that none of the directors, other than Sh. VishwaBandhu Gupta, had the details of the functioning of the company or the knowledge of the statutory obligations of the company. 8. Counsel for the petitioner submits that it was after substantial efforts of the directors that they were able to locate the documents pertaining to the company including the .....

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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 2000 to 2015 and balance sheets as from 1998 to 2015, and other requisite documents along with filing fee and additional fee, as applicable on the date of actual filing. The certificates of No Objection of the directors, to the restoration of the name of the company to the Register maintained by the respondent have also been placed on recor .....

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y judge is satisfied that such restoration is necessary in the interests of justice. This decision has been followed by this Court in Pancham Hotels Pvt. Ltd. v. Registrar of Companies, CP No. 554/2014; 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/s Kakku E and P Control .....

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