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TMI Blog2009 (9) TMI 585X X X X Extracts X X X X X X X X Extracts X X X X ..... t to be restored to the register of companies learned counsel for the petitioner has also submitted that the company and its directors undertake to file all the outstanding statutory returns and forms within a period of two months upon restoration of the name of the company in the register of companies along with filing of fees and additional fees as per the requirements of the Act and the Rules. - CP NO. 2 OF 2009 - - - Dated:- 10-9-2009 - REMESH KUMAR DATTA, J. R.A. Singh for the Petitioner. Ramchandra Singh for the Respondent. ORDER 1. Heard learned counsel for the petitioner-company, learned Central Government counsel and learned counsel for the Registrar of Companies ( RoC ). 2. The application has been fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 23,44,461 in the financial year ending on 31-3-2005, Rs. 15,76,385 in the financial year ending on 31-3-2006, Rs. 33,81,408 in the financial year ending on 31-3-2007 and Rs. 1,92,083 in the financial year ending on 31-3-2008. It is submitted that the said turnover is noted in the balance sheets and profit and loss accounts of the company which have been duly audited by a chartered accountant. It is submitted that the company was always in business and carrying on substantial business activities and has substantial movable and immovable assets which is clear from the aforesaid financial statements. However, when the director visited the office of the RoC in June 2008, he learnt that the name of the company was struck off from the regist ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... company has always been carrying on its business and only due to the negligence of the staff entrusted with the work of filing of returns, the proper compliance of the Act was not made. It is, thus, submitted that it is not a case where the company was actually defunct rather it is a case where the necessary returns were not filed before the Registrar. It is also contended by learned counsel for the petitioner that the RoC has not exercised his independent mind in the matter but has acted purely on the basis of direction issued by the Central Government which is not permissible since the Registrar is a statutory authority and he has to exercise his statutory powers by applying his independent mind in the matter. Learned counsel for the RoC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e restored to the register of companies learned counsel for the petitioner has also submitted that the company and its directors undertake to file all the outstanding statutory returns and forms within a period of two months upon restoration of the name of the company in the register of companies along with filing of fees and additional fees as per the requirements of the Act and the Rules. In view of the aforesaid circumstances, it is directed that the name of the petitioner-company Maa Tapeshwari Construction (P.) Ltd. shall stand restored to the register of companies. The company and its directors are directed to file all the statutory returns due since incorporation of the company within a period of two months from today along with all ..... X X X X Extracts X X X X X X X X Extracts X X X X
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