BADAR INDUSTRIES PRIVATE LIMITED Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) This petition has been filed under S.560(6) of the Companies Act, 1956, seeking restoration of the name of the petitioner company to the Register of Companies maintained by the Registrar of Companies. M/s Badar Industries Pvt. Ltd was incorporated under the Companies Act, 1956 on 16th April, 1984 vide Certificate of Incorporation No. 55-17934 as a private limited company with the Registrar of Companies, NCT of Delhi and Haryana.

(2.) The Registrar of Companies, i.e the respondent herein, struck the company's name off the Register due to defaults in statutory compliances, namely, failure to file annual returns for the period 30.09.2001 to 30.09.2008 and failure to file balance sheets for the period 31.03.2001 to 31.03.2008. Consequently, the Registrar of Companies initiated proceedings under S.560 of the Companies Act, 1956, for the purpose of striking the name of the company off the Register maintained by the Registrar of Companies. It is stated by counsel for the respondent that the procedure prescribed under S.560 of the Companies Act, 1956 was followed, notices as required under S.560(1), S.560(2), S.560(3) and, ultimately, under S.560(5) were issued, and that the name of the petitioner company was published in the Official Gazette on April 26 - May 2, 2008 at S.No. 896.

(3.) The petitioner states that the company has been active since incorporation, and has also been maintaining all the requisite documentation, as per the provisions of the Companies Act, 1956. In support of this statement, copies of the audited accounts for the financial years 2000-2001 to 2007-2008; copies of income tax returns for the financial years 2000-2001 to 2007-2008; and copies of Form 32 filed in respect of appointment/resignation of directors along with proof of payment of fee for the same; have been annexed to this petition.