9911796707
TMI Blog2010 (4) TMI 1168X X X X Extracts X X X X X X X X Extracts X X X X ..... h, 1998 vide Certificate of Incorporation No. 55-92763 as a private limited company with the Registrar of Companies, NCT of Delhi and Haryana. 2. The main business of the petitioner company is stated to be of cost and freight agents with pharmaceutical companies operating in Delhi. 3. 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, annual returns for the period 30.09.2000 to 30.09.2008 and balance sheets for the period 31.03.2000 to 31.03.2008. Consequently, the Registrar of Companies initiated proceedings under S.560 of the Companies Act, 1956, for the purpose of striking the name of the company off the Register maintained b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... year, and that the company had engaged the services of an Accountant to perform the task of filing the returns with the office of the Registrar of Companies. It is submitted that, after incorporation, the petitioner company did not get much business, and that there were frequent changes in the company's staff, including the Accountant, and therefore, the returns and other necessary documents were not filed with the Registrar of Companies, even though the same had been prepared and even signed by the Managing Director. It is further submitted that it was only sometime in May 2009 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 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ollowed by this Court in M/s Deepsone Non-Ferrous Rolling Mills Pvt. Ltd. Vs. Registrar of Companies, NCT of Delhi and Haryana, CP No. 285/2009; M/s Kakku E and P Control Pvt. Ltd. & Anr. Vs. The Registrar of Companies, NCT of Delhi and Haryana, CP No. 409/2008 and M/s Sohal Agencies Pvt. Ltd. Vs. Registrar of Companies, NCT of Delhi and Haryana, CP No. 297/2009. 9. To my mind, this petition deserves to be allowed, although 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 eight years, the primary responsibility for ensuring that proper returns and other statutory documents are filed, in terms of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a properly staffed secretarial department, even though the same suffered frequent changes, the management was so preoccupied with other matters that they were unable to spare time to inquire from its staff as to whether the annual returns and other statutory documents were being filed. It is also equally improbable that the staff of the company was precluded from informing the Managing Director, or other Directors, of the fact that the statutory returns mandated under the Companies Act are not being filed. The whole matter has obviously been handled in a very casual manner and must be deprecated. To my mind, such conduct does not display sound and responsible business functioning expected of companies. The non-filing of returns and balance ..... X X X X Extracts X X X X X X X X Extracts X X X X
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