MULTICHANNEL TECHNICAL SERVICES PRIVATE LIMITED Vs. STATE

JUDGEMENT

(1.) This petition has been filed under S.560(6) of the Companies Act, 1956, seeking restoration of the name of the company on the Register of Companies maintained by the Registrar of Companies. M/s Multichannel Technical Services Pvt. Ltd. was incorporated under the Companies Act, 1956 on 15th September, 1997 vide Certificate of Incorporation No. 55-89654 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 petitioner companys name off the Register due to defaults in statutory compliances, namely, failure to file balance-sheets for the period 31.03.2001 to 31.03.2008 and failure to file annual returns for the period 30.09.2001 to 30.09.08. 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.10343.

(3.) The petitioners state that the petitioner 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, a copy of the balance sheet, as at 31.03.08, the profit and loss account, as at 31.03.08, and the income tax return for the year ending 2008, have been annexed to this petition.