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TMI Blog2010 (4) TMI 618X X X X Extracts X X X X X X X X Extracts X X X X ..... bay High Court, it is only proper that the impugned order of the respondent, which struck the petitioner’s name off the Register of Companies, be set aside. Accordingly, the petition is allowed. The restoration of the petitioner company’s name to the Register will be subject to the petitioner filing all outstanding documents required by law and completion of all formalities, including payment of any late fee or any other charges which are leviable by the respondent for the late filing of statutory returns. - COMPANY PETITION NO. 217 OF 2009 - - - Dated:- 27-4-2010 - SUDERSHAN KUMAR MISRA, J. Anand K. Ganesan for the Petitioner. V.K. Gupta for the Respondent. JUDGMENT 1. This petition has been filed under section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f this statement, copies of the audited accounts for the financial years 2000-2001 to 2007-2008; copies of Income-tax returns for the financial years 2000-01 to 2007-08; and copies of Form 32 filed in respect of appointment/resignation of directors along with proof of payment of fee for the same; have been annexed to this petition. 4. It is further stated by the counsel for the petitioner that the company did not receive any show-cause notice, nor was it afforded any opportunity of being heard before the aforesaid action was taken by the respondent. 5. It appears that the address of the registered office of the petitioner company in the records of the respondent, stated to be 1/1881, Ballimaran, Delhi - 110006 is incorrect. The co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... outstanding statutory documents, i.e., failure to file annual returns for the period 30-9-2001 to 30-9-2008 and failure to file balance sheets for the period 31-3-2001 to 31-3-2008, along with the filing an additional fee, as applicable on the date of actual filing. The certificates of No Objection of the Directors, to the restoration of the name of the company to the Register maintained by the respondent, have also been placed on record. 9. In Purushottamdas v. Registrar of Companies [1986] 60 Comp. Cas. 154 (Bom.), the Bombay High Court, in paragraph 20 thereof, has held, inter alia, that : "The object of section 560(6) of the Companies Act is to give a chance to the company, its members and creditors to revive the company ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all outstanding documents required by law and completion of all formalities, including payment of any late fee or any other charges which are leviable by the respondent for the late filing of statutory returns. The name of the petitioner-company, its directors and members shall then, as a consequence, stand restored to the Register of the Registrar of Companies, as if the name of the company had not been struck off, in accordance with section 560(6) of the Companies Act, 1956. 12. Liberty is granted to the respondent to proceed with penal action against the petitioner-company, if so advised, on account of the company s alleged default in compliance with section 162 of the Companies Act, 1956. 13. The petition is disposed of. - - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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