TRUE FAB (P.) LTD. 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 True Fab Pvt. Ltd. was incorporated under the Companies Act, 1956 on 26th May, 1984 vide Certificate of Incorporation No. 18204 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 23rd June, 2007 at S.No. 5345.

(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 sales tax returns for the financial year 2007-2008, and a copy of the excise return acknowledgement for 2008; have been annexed to this petition.