2012 (11) TMI 80 - HC - Companies Law

Restoration of name in ROC Register - Non filing of statutory documents - Held that - The ROC has no objection if the name of the Company is restored in the ROC, however, company be directed to file the pending Annul Returns since 1994 and Balance Sheets since 1993 till date along with the requisite late filing fee as prescribed under the law. This order is passed subject to payment of cost of Rs.50,000/- to be deposited with the Central Government.

Summary

Issues: Restoration of company name in the Register of Companies under Section 560(6) of the Companies Act, 1956.

In this case, the petitioner sought the restoration of its company name in the Register of the Registrar of Companies (ROC) under Section 560(6) of the Companies Act, 1956. The petitioner, a Private Limited Company, had failed to file statutory documents such as Annual Returns and Balance Sheets since 1994 and 1993, respectively. The company's name had been struck off from the ROC's register due to non-compliance. The petitioner, upon realizing the oversight, petitioned for restoration, stating that it had not received any statutory notice as required under Section 560(1) of the Act. The Registrar of Companies (ROC) confirmed the non-filing of statutory documents by the company and the publication of the notice striking off the company's name. The ROC had no objection to the restoration but requested the pending documents to be filed with the requisite late filing fee. The court, considering the submissions and circumstances, permitted the petitioner to file the overdue documents and directed the ROC to restore the company's name upon compliance. The petitioner was also directed to pay a cost of Rs.50,000 to the Central Government. The petition was disposed of accordingly, allowing for the restoration of the company's name in the Register of Companies.