1 This is a petition under Section 560(6) of the Companies Act, 1956 filed by the petitioner Shiv Ram Sharma, one of the promoter director of M/s Shiv Ram Builder Pvt. Ltd. (hereinafter referred to as the company) seeking restoration of the company which has been struck off by the Registrar of Companies (ROC).
2 The company was incorporated on 02.3.1990; registered office of the company is situated at 13, Amar Colony, New Delhi. In the year 2006 management of the company appointed a new Chartered C.P. No.427/2012 Page 1 of 4 Accountant to look after the company's affair i.e. compliance of income tax, compliances of ROC and other relevant work; the Chartered Accountant has not fulfilled compliance of the ROC such as filing of annual report, balance sheet and other relative statutory documents which were required by the ROC to show that the company is in operation. The company has not filed any statutory documents since 1998. In the month of March, 2012 the petitioner has came to know that the name of the company has been struck off from the register of the ROC.
3 The company is having charge over its properties, its name and goodwill, godowns, agency rights, office furniture, equipments and all its assets and liabilities; in order to utilize the above said properties and goodwill of the company, revival of the company is very much essential, just and proper for the benefit of the company and its employees, founders and promoters. The company is in operation and still has been filing its annual income tax. Revival of the company would not prejudice rights of any person or creditor or any other legal entity. Hence the present petition.
C.P. No.427/2012 Page 2 of 4 4 Reply has been filed on behalf of Registrar of Companies (ROC). It is submitted that the petitioner company has not filed its statutory documents i.e. Annual Returns and Balance Sheet since 1998 which is in contravention of the Companies Act; the defaulter is liable for punishment/penalty. Notice of striking off the name of the petitioner company from the register of the ROC under Section 560(5) of the Act was given and published in the Official Gazette of India on 31.5.2007. The ROC, however, has no objection if the name of the Company is restored in the Register of Companies on the undertaking that the company will file its pending Annul Returns and Balance Sheets since 1998 till date along with the requisite late filing fee as prescribed under the law.
5 Keeping in view the aforenoted facts and circumstances as also the reply filed by the ROC, the petitioner company is permitted to file its all pending statutory documents i.e. the Annul Returns and Balance Sheets from 1998 till date on payment of the requisite late filing fee. Upon the filing of the aforesaid documents within two weeks, the ROC is directed to restore the name of the petitioner company in the Register of Companies. This order is passed subject to payment of cost of C.P. No.427/2012 Page 3 of 4 Rs.50,000/- to be deposited with the Central Government. Petition disposed of in the above terms.
INDERMEET KAUR, J.
DECEMBER 18, 2012 nandan C.P. No.427/2012 Page 4 of 4