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TMI Blog2017 (9) TMI 1076X X X X Extracts X X X X X X X X Extracts X X X X ..... y lapse on the part of the Registrar of Companies, The record being old has been shifted to Manesar and is reported to be untraceable. The basic ground available under Section 560 (6) for restoring a company to its original name is completely impeded because the petitioner has admitted in para 12 of the petition that for the last twelve years no operation has been carried out by the company. The company has not been carrying on business or in operation and therefore, the benefit of the grounds available for restoration cannot be extended to the petitioner. We also find that it is not just and proper to restore the name of the petitioner No. 1 Company on the register of the Registrar of Companies under Section 560(6) of the 1956, Act particularly when another company with the same name stand already incorporated. - C.P. NO. 411/2014 - - - Dated:- 7-8-2017 - MR. M. M. KUMAR AND MS. DEEPA KRISHAN, JJ. For The Petitioner : Mukesh Sikhija, Adv. For The Respondent : Manish Raj, Company Prosecutor JUDGMENT CHIEF JUSTICE (RETD.) M. M. KUMAR, HON'BLE PRESIDENT M/s Rastogi Enterprises Private Limited had originally approached Hon'ble High Court of Delhi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le the present petition with the prayer for restoration of its name on the register of the Registrar of Companies. In support of the petition they have filed their individual affidavits as well. 4. The authorized share capital of petitioner No. 1 company was 10,00,000/- divided into 10,000 equity shares of ₹ 100 each. No statutory returns have been filed from 2001 to 2014. 5. The Registrar of Companies has filed its reply. It has been disclosed that the petitioner company was incorporated on 01.01.1991 and did not file any statutory documents from the financial year 2001 to 2014 and the document file of the company could not be traced out. It has been pointed out that another company with similar name and style namely M/s. Rastogi Enterprises Private Limited has already been incorporated by another registry i.e. Registrar of Companies, Kanpur. 6. The Registrar has raised various preliminary objections. Referring to the master data of the petitioner company it has been averred that Rastogi Enterprises Private Limited was incorporated on 01.01.1991 under the Companies Act, 1956 with its registered office at TA-21, Lane No.1, Tuglakabad Extension, New Delhi. It is wro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 560 (6) of the Companies Act, 1956 subject to filing of all statutory documents like annual return and balance sheet from 2001 to 2013 and other documents with filing fee and additional fee as applicable. 9. We have heard the learned counsel for the parties and have perused the record with their able assistance. It will be profitable to read Section 560 of the Companies Act, 1956 which is as under: 560. Power of Registrar to strike defunct company off register.- (1) Where the Registrar has reasonable cause to believe that a company is not carrying on business or in operation, he shall send to the company by post a letter inquiring whether the company is carrying on business or in operation. (2) If the Registrar does not within one month of sending the letter receive any answer thereto, he shall, within fourteen days after the expiry of the month, send to the company by post a registered letter referring to the first letter, and stating that no answer thereto has been received and that, if an answer is not received to the second letter within one month from the date thereof, a notice will be published in the Official Gazette with a view to striking the name of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... directions and make such provisions as seem just for placing the company and all other persons in the same position as nearly as may be as if the name of the company had not been struck off. A perusal of the above cited provision would show that the Registrar is required to send by post a letter inquiring whether the company is carrying on business or in operation after ascertaining that there is a reasonable cause to believe so. If the Registrar does not receive reply to the letter within one month then within fourteen days after the expiry of the period of one month, he is required to send the company by post a registered letter referring to the first letter, and stating that no answer has been received. If no answer is received to the second letter within a period of one month from the date of posting the registered letter, a notice is required to be published in official gazette with a view to striking off the name of the petitioner Company from the Register. Section 560 (3) further states that after sending the second letter if he does not receive any answer within one month he may publish it in the official gazette that on expiry of three months from the date of that not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed for companies which were active at the time of their 'mortal wound' (See Test Holdings, Re (1969) 3 All ER 517. Also see Purushottamdass v. Registrar of Companies [1986] 60 Comp. Cas. 154 (Bom.). The other ground is discovery of outstanding unknown assets of the company which justifies the provision of seeking restoration after 20 years. 13. There are various other hurdles to grant the prayer made by the petitioner. The Registrar in its reply has raised the issue that there were only two promoter Directors namely Mr. Ravender Kumar Rastogi and Mr. Mahaveer Prashad. There is no replication filed to show as to how Mrs. Sadhaan Rastogi and Mrs. Chaman Bano, petitioners No. 2 3 have become the Directors of the company. Even the address of registered office is different as stated by the Registrar of the Companies, The address of the registered office was at TA-21, Lane No. 1, Tuglakabad Extension, New Delhi whereas the petitioner has shown the address of the registered office at 2270, Main Road, Kailash Nagar, New Delhi - 110031. The assertion of the Registrar has gone unrebutted. 14. The basic ground available under Section 560 (6) for restoring a company to its orig ..... X X X X Extracts X X X X X X X X Extracts X X X X
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