2009 (12) TMI 502

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.... 1987, vide Certificate of Incorporation No. 27184 of 1986-87 as a private limited company with the Registrar of Companies, NCT of Delhi and Haryana. The petitioner-company is stated to have carried on the business of import, export, wholesale retail dealings and manufacturing of ready-made garments, textiles and hosiery goods, for the last 21 years. 2. The Registrar of Companies, i.e., the respondent herein, struck the petitioner-company's name off the register vide an order dated May 31, 2007. According to the respondent, the company's name was struck off the register due to defaults in statutory compliances, namely, failure to file balance-sheets for the periods March 31, 2001 to March 31, 2008 and failure to file annual returns for t....

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.... Floor), New Delhi", and that the notice issued to the petitioner was presumably sent to the address displayed on the website of the Registrar of Companies, which is incorrect. It is stated by the petitioner that the requisite Form No. 18 was filed with the Registrar of Companies on January 29, 2004, informing the respondent of the change of address of the registered office of the petitioner-company, and a copy of the said Form No. 18 is annexed to the petition. However, with regard to the turnover of the company, counsel for the petitioner admits, on a query, that the company is not doing any business. 5. It is stated by counsel for the petitioner that the present petition is within the limitation period stipulated by section 560(6) of ....

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....to the restoration of the name of the company to the register maintained by the Registrar of Companies, have been placed on record as well. 8. Looking to the fact that the petitioner is a running company, that it has filed this petition within the stipulated limitation period, and to the decision of the Bombay High Court in Purushottamdass v. Registrar of Companies, Maharashtra [1986] 60 Comp Cas 154 , in paragraph 20 thereof, wherein it has been held, inter alia, that (page 160) : "The object of section 560(6) of the Companies Act is to give a chance to the company, its members and creditors to revive the company which has been struck off by the Registrar of Companies, within a period of 20 years, and to give them an opportunity of c....