9911796707
TMI Blog2016 (6) TMI 5X X X X Extracts X X X X X X X X Extracts X X X X ..... panies, NCT of Delhi & Haryana (hereinafter called the "respondent") as a company limited by shares on 17.07.1984 vide Certificate of Incorporation No. 18703 of 1984-85 with the object of carrying on the business, inter alia, as manufacturers and/or dealers in all types of machinery, plant equipment accessories and spores required for and used for printing, binding, perforating, folding, stitching or manufacture of other stationery used for such purposes. Presently, the registered office of the petitioner is stated to be situated at 8-B,Bahadur Shah Jafar Marg, New Delhi- 110002. 3. The respondent initiated the proceedings under S.560 of the Companies Act, 1956 to strike the name of the petitioner off the register due to defaults in statut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a working concern and at no point of time the petitioner has ever stopped carrying on the business or stopped its business operations. The petitioner also avers that the company is not only a running concern but is expected that in future the company is going to be a profit making concern. In support of this statement, the petitioner has relied on certified copy of its annual accounts for the period 2000 to 2014 and the income tax returns for the year 2004 to 2014, copies of all of which are annexed with the petition. 7. The petitioner avers that the accounts of the company were prepared and audited every year, and the same is reflected by the annexures attached to the petition. The directors of the company signed the annual accounts of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he petitioner filing all statutory documents, i.e. annual returns from 2000 to 2015 and balance sheets as from 1998 to 2015, and other requisite documents along with filing fee 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 Register maintained by the respondent have also been placed on record. 10. In Purushottamdass and Anr. (BulakidasMohta Co. P. Ltd.) v. Registrar of Companies, Maharashtra, &Ors., (1986) 60 Comp Cas 154 (Bom), the Bombay High Court has held, inter alia, that; "18. 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 wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is only proper that the impugned order of the respondent dated 23.06.2007, which struck off the name of the petitioner from the Register of Companies, be set aside. At the same time, however, there is no gainsaying the fact that a greater degree of care was certainly required from the petitioner company in ensuring statutory compliances. Looking to the fact that annual returns and balance sheets were not filed for almost seventeen years, the primary responsibility for ensuring that proper returns and other statutory documents are filed, in terms of the statute and the rules, remains that of the management. 12. Accordingly, the petition is allowed. The restoration of the company's name to the Register maintained by the Registrar of Companie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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