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TMI Blog2024 (7) TMI 1264X X X X Extracts X X X X X X X X Extracts X X X X ..... OC/Delhi/560(5)/SM/260. 3. It is stated that during the course of proceedings in the present petition, this Court vide order dated 28.05.2012 directed that the name of the petitioner company may be restored subject to the payment of costs and on the condition that the company files its pending Annual Returns as well as Balance Sheets. The relevant portion of the said order has been reproduced hereinbelow: "......Mr. K.S. Pradhan, Deputy Registrar of Companies appearing for respondent states that he has no objection to the name of the petitioner company being restored provided petitioner-company files the pending Annual Return and Balance Sheet from 1996 to till date, Form-32 for change in directorship and Form-18 for change in registered office of the company along with its requisite filing fee as prescribed under the law as well as no objection from other existing directors/shareholders. Keeping in view the fact that the Annual Returns and Balance Sheets have not been filed by the petitioner-company for a period of nearly sixteen years, Mr. Vibhu Bhakru, learned senior counsel for petitioner-company and Mr. Amit Sibal, learned counsel for newly impleaded respondent state tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lication, is that during the pendency of the instant company petition, the name of the petitioner company was struck off from the Register of Companies by the respondent vide a Notice dated 01.09.2017 bearing No. ROC-DEL/248(5)/STK-7/5071. On becoming aware of this, the petitioner company addressed letters dated 25.02.2022 and 19.03.2022 to the respondent, bringing to their notice the pendency of this company petition and requesting them to restore/relist its name. 8. Presently, it is urged on behalf the petitioner company that the directors of the company have prepared the accounts of the company pursuant to the order of this Court dated 29.08.2023, granting them two months' time for the same. Therefore, it is prayed that this Court issue appropriate directions to the respondent to accept the delayed statutory returns sought to be filed and also revive/relist the petitioner company. ANALYSIS & DECISION: 9. Having heard the learned counsel for the petitioner and on perusal of the record, this Court finds that the remedy does not lie with this Court but with National Company Law Tribunal ["NCLT"] in terms of Chapter-XVII of the newly enacted Companies Act, 2013. 10. To cut the l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eration undertaken or any direction given or any proceeding taken or any penalty, punishment, forfeiture or fine imposed under the repealed enactments shall, insofar as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act; (b) Not applicable (c) Not applicable (d) Not applicable (e) Not applicable (f) Not applicable (g) Not applicable (h) all registers and all funds constituted and established under the repealed enactments shall be deemed to be registers and funds constituted or established under the corresponding provisions of this Act; (i) Not applicable (j) Not applicable (k) Not applicable (3) The mention of particular matters in sub-section (2) shall not be held to prejudice the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeal of the repealed enactments as if the Registration of Companies (Sikkim) Act, 1961 (Sikkim Act 8 of 1961) were also a Central Act." 12. On a careful perusal of the aforesaid provision, it is manifest that the action that was earlier taken by the Registrar vide order dated 29.06 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the register, order the name of the company to be restored to the register ; and the 2[Tribunal] may, by the order, give such directions and make such provisions as seem just for placing the company and all other persons in the same position as nearly as may be as if the name of the company had not been struck off. 2. 248. Power of Registrar to remove name of company from register of companies.- (1) Where the Registrar has reasonable cause to believe that- (a) a company has failed to commence its business within one year of its incorporation; * * * * * (c) a company is not carrying on any business or operation for a period of two immediately preceding financial years and has not made any application within such period for obtaining the status of a dormant company under section 455, he shall send a notice to the company and all the directors of the company, of his intention to remove the name of the company from the register of companies and requesting them to send their representations along with copies of the relevant documents, if any, within a period of thirty days from the date of the notice. (2) Without prejudice to the provisions of sub-section (1), a company may, afte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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