2016 (8) TMI 129

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...., NCT of Delhi & Haryana (hereinafter called the "respondent") as a company limited by shares on 23.04.1986 vide Certificate of Incorporation No. 23985 of 86-87 with the object of carrying on the business, inter alia, of manufacture, import, export, purchase, sell, process, design and otherwise deal in sports and other shoes, toys, casual apparels and manufacture, import, export, processing and developing of polyprothelene, P.V.C. plastics, adhesive, synthetic resins and compounds, rubbers, rexines, intermediates and compositions and bye-products thereof. Presently, the registered office of the petitioner is stated to be situated at 823, Vikasdeep Building, Laxmi Nagar, District Centre, Delhi- 110092.   3. The respondent initiated t....

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....he inadvertent and unavoidable conditions, the statutory documents as required under the law could not be filed with ROC in time. 6. The petitioner also submits that the petitioner company owns a property bearing number Flat no. 4, First Floor, Jaiji Mansion- 41 Mere Weather Road, B.K. Boman Behram Marg, Mumbai 400039, which was used by one of the directors of the petitioner company for his own residence. That the said director intends to vacate the said property of the petitioner company and now the same can be let out, therefore the petitioner company is intending to enter into a lease deed for the purpose of letting out the said property on lease, which can fetch a rent of Rs. 1 ,25,000/-,(Rupees One Lac Twenty Five Thousand Only) to ....

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....ulated by S. 560(6) of Companies Act, 1956.   10. Counsel for the respondent has submitted that the respondent has no objection to the restoration of the petitioner company's name under Section 560(6) of the Companies Act, 1956, subject to the petitioner filing all statutory documents, i.e. annual returns and balance sheets after 2002, and other requisite documents along with filing fee and additional fee, as applicable on the date of actual filing. The certificates of 'No Objection' of the directors, to the restoration of the name of the company to the Register maintained by the respondent, have also been placed on record. 11. In Purushottamdass and Anr. (Bulakidas Mohta Co. P. Ltd.) v. Registrar of Companies, Maharashtra, & Ors....

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.... the fact that the petitioner is stated to be a running company; and that it has filed this petition within the stipulated limitation period, and to the decision of the Bombay High Court in Purushottamdass and Anr. (Bulakidas Mohta Co. P. Ltd.) v. Registrar of Companies, Maharashtra, & Ors. (supra); it is only proper that the impugned order of the respondent dated 23.06.2007, which struck off the name of the petitioner from the Register of Companies, be set aside. At the same time, however, there is no gainsaying the fact that a greater degree of care was certainly required from the petitioner company in ensuring statutory compliances. Looking to the fact that annual returns and balance sheets were not filed for almost fourteen years, the p....