AMARPREET ENTERPRISES 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 Amarpreet Enterprises Private Limited was incorporated under the Companies Act, 1956 on 6th January, 1979 vide Certificate of Incorporation No. 55-009393 as a private limited company with the Registrar of Companies, NCT of Delhi and Haryana.

(2.) M/s Amarpeet Enterprises Private Ltd., is petitioner No. 1, and its Director, Bawa Amarjyot Singh, is petitioner No.2.

(3.) The Registrar of Companies, i.e the respondent herein, struck the companys name off the Register due to defaults in statutory compliances, namely, default in filing annual returns for the period 30.09.1986 to 30.09.2009 and balance sheets for the period 31.03.1986 to 31.03.2009. 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 his office. 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 23rd June, 2007.