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TMI Blog2018 (1) TMI 1441X X X X Extracts X X X X X X X X Extracts X X X X ..... g on business, or B) it was in operation, or C) otherwise that it is just that the name of the company be restored to the register. When we apply the aforesaid statutory parameters to the facts of the present case the petitioner has not been able to show that on 23,06.2007 when it was struck off it was in fact carrying on business or it was in operation, On its own showing the petitioner filed his last annual returns in the year 1999. The petitioner has not been able to show any evidence to prove that it had filed even income tax returns from 2005 till 2014 - section 560(6) would not come to the rescue of the petitioner as no credible evidence has been shown to prove that the petitioner company was carrying on its business or was in operation on the date of striking off, or that it would be just that the name of the company be restored on the register of ROC. Petition dismissed. - C.P.-1022(ND)/2016 - - - Dated:- 8-1-2018 - M.M. Kumar And Ms. Deepa Krishan, JJ. For the applicant/ Petitioner Mr,Manoj Kumar Garg, Siddhartha Patra Achint Gupta , Advocate For the ROC NCT of Delhi Haryana Mr. Manish Raj, Company Prosecutor DGMENT Ms. Deepa Krishan. 1. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ared its Balance Sheet and Profit and Loss Account and that it has been filing the same with the ROC upto 31.03, 1999. In Para 9 of the petition it is stated that it had been carrying on its building the business of running a cinema hall under the name and style of PALACE continuously without any interrupti n till 2002. However, with the onset of multiplexes and change in market conditions - the cinema was faced with dwindling demand and in view of major renovations required - the business of the cinema was in abeyance. During the period of abeyance, the Petitioner was unable to file / electronically upload the documentation as required by the Registrar from time to time on account of being short-staffed and absence of professional help. However, the promoters / directors with a renewed vigour have now decided to restore the cinema to its old glory and are thereby requesting to restore the company's name on the Register of the Companies maintained by the Registrar of Companies. If the name of the Petitioner Company is not restored, Petitioners would suffer irreparable loss and injury which cannot be compensated otherwise. The Petitioner Company has been maintaining and pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y Shri Harinder Singh Bedi, Director and is accompanied by his affidavit and also those of the other Directors, namely, Shri Ashok Kumar, Shri Harpreet Singh Chawla, Shri Ajeet Singh Chawla and Shri Harkirat Singh Sodhi. A copy of the Board Resolution passed by the Board of Directors on 25.01.2016 authorising Mr. Harinder Singh Bedi to commence legal proceedings reads as follows resolved that Mr. Harinder Singh Bedi, Director of the company be and is hereby authorized to commence, prosecute, enforce, defend, answer or oppose all actions, legal proceedings before the Hon'ble Delhi High Court or any other appropriate court for the restoration of name of the company under Section 560(6) of the Companies Act, 1956 and file application for review, revision or otherwise as he may think fit . This has been enclosed with the application as Annexure P-3. 2.4 The Memorandum of Association of the Petitioner Company has also been enclosed and the names of original subscribers are Shri Gurmukh Singh Chawla Slo Surinder Sodhi and Mrs. Maheshinder Singh Sodhi W/o Surinder Sodhi. 2.5 Along with the petition, audited balance sheet for the year ending 31st March, 2014 and 31st March, 2015 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stand taken by the petitioner and claiming that it could not file its annual returns w.e.f financial year ending 1999 and that it has not received any show cause notice contemplated by the statutory provisions. The petitioner company has also filed its Income Tax returns acknowledgement receipts. The receipts itself shows that the petitioner company has filed ITR till 2004 and then filed for the year 2015 and 2016. Thus, apparently, no income tax returns were filed from 2005 till 2014. 7. We have heard learned counsel for the parties and have perused the paper book with their able assistance, 8. The provision concerning restoration of the name of the company is contained in section 560(6) of the Companies Act, 1956. The relevant provisions read as follows: - If a company, or any member or creditor thereof, feels aggrieved by the company having been struck off the register, the [Tribunal], on an application made by the company, member or creditor before the expiry of twenty years from the publication in the Official Gazette of the notice aforesaid, may, if satisfied that the company was, at the time of the striking off, carrying on business or in operation or otherwise th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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