9911796707
TMI Blog2017 (7) TMI 874X X X X Extracts X X X X X X X X Extracts X X X X ..... 6 issued by Ministry of Corporate Affairs and in particular clause 3 thereof, the above Company Petition has been transferred by the Hon'ble Delhi High Court vide its order dated 25-4-2017 to the Principal Bench, National Company Law Tribunal, New Delhi. As directed, the matter was listed before this Bench on 17.05.2017 and on subsequent dates for hearing. 2. The Petitioners are constrained to file present Application, seeking restoration of Respondent No. 1 Company, Akarshan Hotel Private Limited (Company incorporated under Companies Act, 1956), having its registered office at A 831, Nabi Karim, Paharganj, New Delhi (CIN:U55701DL1990PTC041302) the name of which, as per the data available on the site of Ministry of Corporate Affairs, h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the father of the Petitioners acquired the Respondent No. 1 Company and his three sons were made the Directors and shareholders in the Company, certain disputes arose between the family members and because of such family disputes no annual filing was done in the Respondent No. 1 Company. 6. A lot of efforts were made by the father of the Petitioners to resolve the disputes between his sons, but nothing substantial could come out of it. It was only when father of the Petitioners was extremely unwell and on his death bed the sons agreed to resolve this matter, as the last wish of the father of the Petitioners was that a hotel be built by them in Mussoorie. The Petitioners father eventually passed away in 2014. 7. After the death of the Peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i.e. Annual Returns, Balance Sheets etc till date with prescribed filing fee and additional fee as on the date of actual filing as per provisions of Companies Act, 2013. 9. The Petitioners, in their rejoinder have stated that they have come to know only in 2016 that the previous promoters of the Respondent No. 1 Company were not filing the statutory documents with the Respondent No. 2. But as far as the Petitioners are concerned it is reiterated that certain family dispute arose between the family members and because of such family disputes no annual filing was done in respect of Respondent No. 1 Company after the Company was bought in the year 1996 by the father of the Petitioners. However, Petitioners undertake to file all pending docum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... kash Gupta, B-37, Greater Kailash Part-I Enclave, New Delhi 4801 Shares 10802 Shares 11. After the year 1992, respondent No. 1 company did not file any Annual Return or Balance-sheet as per the requirement of Companies Act, 1956. As a consequence the procedure for striking off the name of the Company from the Register of the Registrar of Companies was initiated and it was struck off. The factum of striking off was duly notified and published in the Official Gazette of India on 23-06-2007. 12. In order to ascertain whether the petitioners have any right to seek revival of respondent no. 1 company, it would first be profitable to examine the provisions of Section 560(6) of the Companies Act, 1956, which read as under: "( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... editor of the company. According to the record, the directors of the company were Ms. Rita Chopra, Mr. Anil Batra and Mr. Ram Krishan Gupta. In the list of shareholders of the company as per the Annual Return for the year 1992, there were only two shareholders namely Mr. Anil Batra and Mr. Ram Krishan Gupta. Even in 2007 when the company was struck off from the register of the Registrar of Companies the petitioners do not figure in the list of shareholder or creditor or director etc. 15. The argument based on the copies of the share certificate attached with the replication would not advance the case of the petitioners because there is no evidence that share transfer has taken place by following the procedure laid down under Section 108 of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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