9911796707
TMI Blog2010 (6) TMI 322X X X X Extracts X X X X X X X X Extracts X X X X ..... y with the Registrar of Companies, NCT of Delhi and Haryana. 2. The Registrar of Companies, i.e., the respondent herein, struck the company's name of the Register due to defaults in statutory compliances, namely, filing annual returns for the period 30-9-1996 to 30-9-2008 and balance sheets for the period 31-3-1996 to 31-3-2008. 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 of the Register maintained by his office. 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 560(2), section 560(3) and, ultim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed that it was only in March, 2009 that the fact of non-filing of the returns and other documents with the respondent, as well as the fact that the company's name had been struck off the Register maintained by the respondent, was known to the petitioner company. 7. Counsel for the respondent does not have any objection to the revival of the petitioner company, subject to the petitioner company filing all outstanding statutory documents, i.e., annual returns for the period 30-9-1996 to 30-9-2008 and balance sheets for the period 31-3-1996 to 31-3-2008, along with the filing and 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , as reproduced above, means that although, ordinarily, the costs of the Registrar of Companies must be paid by the petitioner, however, if the Court considers it necessary to do so, it may give other orders in this behalf also. From this it follows that it is open to the Court to issue specific orders departing from the norm by imposing lower or no costs at all, or even levying further additional costs, depending on the circumstances. 11. The facts and circumstances of this case show that it is not merely a case where the interests of justice and requirements of the statute would be met merely by the payment of costs of the Registrar of Companies. It is difficult to believe that although the company was functioning for over twenty years, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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