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2016 (8) TMI 129 - DELHI HIGH COURT

2016 (8) TMI 129 - DELHI HIGH COURT - TMI - Restoration of name in the register of companies maintained by the Registrar of Companies - Held that:- Under the circumstances, it is entirely possible that the respondent had sent notices under S.560 to the petitioner on the old address of its registered office and the same may not have been received by the petitioner. Consequently, the condition precedent for the initiation of proceedings to strike off the name of petitioner from the Register mainta .....

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in ensuring statutory compliances. Looking to the fact that annual returns and balance sheets were not filed for almost fourteen 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 payment of costs of ₹ 22,00 .....

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3/2016 - Dated:- 29-7-2016 - MR. SUDERSHAN KUMAR MISRA J. Petitioner Through: Mr.Satinder Singh Bawa, Advocate. Respondent Through: Ms. Aparna Mudiam, AROC for RD. SUDERSHAN KUMAR MISRA, J. 1. This petition has been filed by Ascot Shoes 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 the Registrar of Companies.

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P.V.C. plastics, adhesive, synthetic resins and compounds, rubbers, rexines, intermediates and compositions and bye-products thereof. Presently, the registered office of the petitioner is stated to be situated at 823, Vikasdeep Building, Laxmi Nagar, District Centre, Delhi- 110092. 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 Annu .....

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Gazette on 26.04.2008 mentioning the petitioner-company s name at Serial no.1291. 4. The petitioner has, on the other hand, submitted that it has been an active company and carrying on its business since its incorporation. In support of this statement, the petitioner has relied on certified copy of its annual returns and balance sheets from the year 2003, copies of all of which are annexed with the petition. 5. The petitioner states that it came to the notice of the petitio .....

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lso submits that the petitioner company owns a property bearing number Flat no. 4, First Floor, Jaiji Mansion- 41 Mere Weather Road, B.K. Boman Behram Marg, Mumbai 400039, which was used by one of the directors of the petitioner company for his own residence. That the said director intends to vacate the said property of the petitioner company and now the same can be let out, therefore the petitioner company is intending to enter into a lease deed for the purpose of letting out the said property .....

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d 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 on the record. 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 the petitioner or was available on the records m .....

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9. It is stated by counsel for the petitioner that the present petition is within the period of limitation stipulated by S. 560(6) of Companies Act, 1956. 10. 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 and balance sheets after 2002, and other requisite documents alon .....

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560(6) of the Companies Act is to give a chance to the company, its members and creditors to revive the company which has been struck off by the Registrar of Companies, within a period of 20 years, and to give them an opportunity of carrying on the business only 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 Pancham Hotels Pvt. Ltd. v. Registrar of Companies, CP No. 554/2014; M/s Me .....

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2. Under the circumstances, it is entirely possible that the respondent had sent notices under S.560 to the petitioner on the old address of its registered office and the same may not have been received by the petitioner. 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 p .....

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