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Apra Automobiles Private Limited Versus Registrar Of Companies

2016 (9) TMI 167 - DELHI HIGH COURT

Restoration of the company’s name - Held that:- The respondent had sent notices under S.560 to the petitioner on the address of its registered office but the same may not have been received by the petitioner. Looking to the fact that the petitioner is stated to be a running company; and that it has filed this petition within the stipulated limitation period, and to the decision of the Bombay High Court in Purushottamdass and Anr. (Bulakidas Mohta Co. P. Ltd.) v. Registrar of Companies, Maharasht .....

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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 ₹ 22,000/- to be paid to the common pool fund of the Official Liquidator, and the completion of all formalities, including payment of any late f .....

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Through: Ms. Bhawna Messay, Advocat SUDERSHAN KUMAR MISRA, J. 1. This petition has been filed by Apra Automobiles 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. 2. The petitioner was incorporated with the Registrar of Companies, NCT of Delhi & Haryana (hereinafter called the respondent ) as a company limited by shares on 31.05.199 .....

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ion, acquisition, selling of all kinds of movable and immovable properties. Presently, the registered office of the petitioner is stated to be situated at 5, Bahadur Shah Zafar Marg, Pratap Bhawan, New Delhi. 3. The petitioner submits that pursuant to its incorporation, the Petitioner Company on 04.07.1995 also purchased a parcel of land in Village Silokhera, District Gurgaon, Haryana for the purpose of carrying out commercial activities in pursuit of its objects. Thereafter due to some peculiar .....

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8 to set up a commercial complex in Village Silokhera, District Gurgaon, Haryana by the Department of Town & Country Planning, Government of Haryana, and the application for license was made prior to the striking off the name which shows that in the year 2006 company was commercially operative and was doing its business in the normal course. 5. 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 .....

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was given and the same was published in the Official Gazette on 23.06.2007 mentioning the petitioner-company s name at Serial no.8694. 6. 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 license granted to the company to set up commercial complex, entering into collaboration agreements, owning land for commercial activities, copies of all of which ar .....

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onals employed by the Company have failed to file the necessary documents with the Registrar of Companies. The Petitioner Company has also been informed that the relevant documents; including those pertaining to the striking off of the Petitioner Company are not traceable at the Office of the Registrar of Companies. 9. 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 .....

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itioner or was available on the records maintained with the respondent. 10. It has been averred on behalf of the respondent that though the notices/letters under S.560(1) and (3) were sent, their copies and dispatch proof are not traceable. On examination of annexures, it appears that the address of the registered office of the petitioner in the records of the respondent is different from the place from where the company is actually working. The petitioner has not filed on record any proof of in .....

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and balance sheets after 1999, 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 record. 13. In Purushottamdass and Anr. (Bulakidas Mohta Co. P. Ltd.) v. Registrar of Companies, Maharashtra, & Ors., (1986) 60 Comp Cas 154 (Bom), the Bombay High Court has held, i .....

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panies, 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. Co.Pet. 163/2016 Page 6 of 7 285/2009; M/s Kakku E and P Control Pvt. Ltd. & Anr. v. The Registrar of Companies, NCT of Delhi and Haryana, CP No. 409/2008 and M/s Sohal Agencies Pvt. Ltd. v. Registrar of Compan .....

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