TMI Blog2010 (2) TMI 1245X X X X Extracts X X X X X X X X Extracts X X X X ..... or 8 long years along with a properly staffed secretarial department but the Director was so pre-occupied with his wife's illness for 8 years continuously that he was unable to spare even a minute or two to inquire from his staff as to whether the annual statutory returns were being filed. It is also equally improbable that the continuing illness, described as kidney problems , of the Director's wife, precluded the staff of the company from informing Mr. Neeraj Dhamija or even any of the other Directors of the fact that statutory returns mandated under the Companies Act are not being filed. The whole thing has obviously been handled in a very casual manner and must be deprecated. To my mind, such conduct does not display soun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n has been filed under Section 560(6) of the Companies Act, 1956, seeking restoration of the name of the company on the Register of Companies maintained by the Registrar of Companies. 2. M/s Santaclaus Toys Pvt. Ltd. was incorporated under the Companies Act, 1956, on 26th December, 1996, as a private limited company with the Registrar of Companies, NCT of Delhi and Haryana. It is stated to have carried on the business of manufacture and distribution of toys. 3. The Registrar of Companies, i.e. the respondent herein, struck the petitioner company's name off the Register due to defaults in statutory compliances which are required under Sections 159 and 220 of the Companies Act, 1956, namely, failure to file balance-sheets for the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the compliance related work of the company was looked after by Shri Neeraj Dhamija, the Director of the petitioner company, and that the company duly complied with the statutory requirement of returns being filed with the office of the Registrar of Companies till the financial year 1999-2000. It is submitted that after that, due to the illness of Shri Dhamija's wife, the secretarial department of the petitioner company was entrusted with the work related to filing forms and returns with the office of the Registrar of Companies, but that the department failed to do so, because of the non-availability of a person having the required skills for the same. It is further submitted that it was only in 2008 that the fact of non-filing of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... This decision has been followed by this Court in M/s Deepsone Non-Ferrous Rolling Mills Pvt. Ltd. Vs. Registrar of Companies, NCT of Delhi and Haryana, CP No. 285/2009; M/s Kakku E and P Control Pvt. Ltd. Anr. Vs. The Registrar of Companies, NCT of Delhi and Haryana , CP No. 409/2008 and M/s Sohal Agencies Pvt. Ltd. Vs. Registrar of Companies, NCT of Delhi and Haryana, CP No. 297/2009. 10. Looking to the fact that the petitioner is a running company; that it has filed this petition within the stipulated limitation period, and to the decision of the Bombay High Court, this petition deserves to be allowed. However, a greater degree of care was certainly required from the petitioner company in ensuring statutory compliances. Look ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rectors of the fact that statutory returns mandated under the Companies Act are not being filed. The whole thing has obviously been handled in a very casual manner and must be deprecated. To my mind, such conduct does not display sound and responsible business functioning expected of companies. The non-filing of returns with the Registrar of Companies had also made it impossible for interested parties to find out the current financial health of the company over a span of 8 years. 12. For all these reasons, the restoration of the company's name to the Register maintained by the respondent will be subject to the payment of ₹ 50,000/- as exemplary costs, payable to the common pool fund of the Official Liquidator. In addition, furt ..... X X X X Extracts X X X X X X X X Extracts X X X X
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