9911796707
TMI Blog2010 (4) TMI 597X X X X Extracts X X X X X X X X Extracts X X X X ..... Companies, NCT of Delhi and Haryana. 2. The Registrar of Companies, i.e., the respondent herein, struck the petitioner-company's name off the Register due to defaults in statutory compliances, namely, failure to file balance-sheets for the period 31-3-2000 to 31-3-2008 and failure to file annual returns for the period 30-9-2000 to 30-9-2008. Consequently, the Registrar of Companies initiated proceedings under section 560 of the Companies Act, 1956, for the purpose of striking the name of the company off the Register maintained by the Registrar of Companies. It is stated by counsel for the respondent that the procedure prescribed under section 560 of the Companies Act, 1956 was followed, notices as required under section 560(1), section 56 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , to perform the task of filing the returns with the office of the Registrar of Companies. It is submitted that from the year 2000, the said Company Secretary did not file the returns and other necessary documents with the Registrar of Companies and did not reveal this fact to the management of the peti- tioner-company. It is further submitted that it was only in June, 2009, when the balance sheet as at 31-3-2008 and the auditors' report in respect thereof was ready to be filed with the respondent that the fact of non-filing of the returns and other documents with the respondent, as well as the fact that the petitioner-company's name had been struck off the Register maintained by the respondent, was known to the petitioner-company. 7. Coun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... balance sheets for the period 31-3-2000 to 31-3-2008, were not filed, to my mind, this is not merely a case of negligence on the part of the Company Secretary. If any employee, whether part-time or full-time, defaults in his duties, the primary responsibility for ensuring statutory compliances, as per sections 159 and 200 of the Companies Act, 1956, remains that of the management. At the same time, the company is stated to be functioning one, having earned a profit of Rs. 93,000 in the year ending 31-3-2008. 10. Rule 94 of the Companies (Court) Rules, 1959 states, inter alia, as follows : 'Unless for any special reasons that the Court shall otherwise order, the order shall direct that the petitioners do pay to the Registrar of Companies h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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