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TMI Blog2018 (9) TMI 1847X X X X Extracts X X X X X X X X Extracts X X X X ..... ns, as the case may be, and has no assets or liabilities. The draft of the affidavit is as per draft prescribed and enclosed at annexure B to this circular. The purpose of the scheme is to allow eligible companies to avail of this opportunity to exit from the Registrar of Companies after fulfilling the requirements laid down in this circular. No penal action would be initiated against eligible companies availing this scheme from the date of filing of the application for simplified exist. After the scheme ends, the Ministry would take necessary penal action under the Companies Act, 1956 against such defunct companies which have not availed of this opportunity and have not complied with the provisions of the Companies Act, 1956 or are not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s/accused were the directors of the company when the offence was committed as per the particulars filed in the office of the complainant and they are officers who are in default within the meaning of section 5 of the Companies Act. The annual general meeting of the company for the financial year March 31, 2006 should have been held latest by September 30, 2006 and the annual return made up to that date should have been filed with the complainant within 60 days from the said date, i. e., on or before November 29, 2006 in case no annual general meeting was held within 60 days of the due date of the annual general meeting in terms of section 159 of the Companies Act. That the petitioners/accused have not filed the annual return made up to Sep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ribed fees by way of demand draft as per the procedure laid down under the aforesaid circular to strike out the name of the company to the Deputy Commissioner, Andaman and Nicobar Islands. The copy of acknowledgment received by the Deputy Commissioner acting in charge of the Registrar of Companies, Andaman dated August 29, 2005 is enclosed herewith. 5. Learned counsel for the petitioners/accused submits that after the receipt of the aforesaid demand draft the person in charge of the company affairs did not reply or reciprocate to the reply sent by him. It was only after a long span of three years the respondent woke up from deep slumber and issued a communication dated September 19, 2008. On receipt of the same the petitioners/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... omplaint is time barred debt. The complaint is filed after more than 3 years of the winding up of the company which is beyond the period of limitation and it is silent about the date of closure. 10. Learned counsel for the petitioners/accused cited the following decisions in support of their contentions : (i) In the Kerala High Court Crl. M. C. Nos. 713, 790, 806, 817, 833 and 834 of 2006 (Assistant Registrar of Companies v. State of Kerala). (ii) In the High Court of Kerala W. P. (C) No. 17053 of 2007(E) (Kaveri Meat Exports Co. Ltd. v. Union of India). 11. The learned Central Government Standing Counsel appearing for the respondent opposed the quash petition and the grounds raised therei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or are not filing documents with the Registrar of Companies in a timely manner. The applicant-company under this scheme would be deemed to be struck off from register of companies from the date of issue of order/notification by the Registrar of Companies. 15. According to the provisions of section 220 of the Act, the company and its directors are under statutory obligation to file with the complainant balance-sheet and profit and loss account in the prescribed form duly placed in the annual general meeting within 30 days from the said date, i. e., on or before October 30, 2006 and in case no the annual general meeting was held within thirty days of the due date of the annual general meeting. 16. That if a default ..... X X X X Extracts X X X X X X X X Extracts X X X X
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