(1.) This petition under Section 560(6) of the Companies Act, 1956 (Act for short) is for restoration of the name of M/s. Tricon Controls Pvt. Ltd. in the register maintained by the Registrar of Companies. The name of the aforesaid company was struck off by the Registrar of Companies vide its order dated 31st May, 2007 and vide Gazette Notification dated 23rd June, 2007.
(2.) The Registrar of Companies in their reply has stated that the company M/s. Tricon Controls Pvt. Ltd. had defaulted in filing of its returns and balance sheets for the financial years ending 31st March, 2000 and thereafter. It is stated that notice under Section 560(5) of the Act was published in the "Official Gazette" on 23rd June, 2007 and thereafter the name of the petitioner company was struck off from the register maintained by the Registrar of Companies. It is also stated in the reply that Ms. Shefali Verma has filed the present petition stating that she is a Director of M/s. Tricon Controls Pvt. Ltd. but as per the records of the Registrar of Companies she is not the Managing Director or a Director of the said company.
(3.) The petitioner has filed on record copy of the Form No. 32 intimating the Registrar of Companies that Ms. Shefali Verma has been inducted as a Director on 3rd December, 1996 in place of Mr. R. Verma. The petitioner has also enclosed with the petition, 'no objection certificate' issued by Mr. Surender Verma the shareholder and other Director of M/s. Tricon Controls Pvt. Ltd. It is stated that there are no other shareholders or directors of the said company. The petitioner has alleged that the Registrar of Companies did not follow the procedure prescribed under Section 560(1)(2) and (3) of the Act as notices were not issued before taking action to delist and delete the name of M/s. Tricon Controls Pvt. Ltd. from the register maintained by the Registrar of Companies.