HOLLY INTERNATIONAL PRIVATE LTD Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) M/s. Holly International Private Limited has filed this petition under Section 560(6) of the Companies Act, 1956 (hereinafter referred to as the Act) to restore the name of the petitioner company in the register maintained by the Registrar of Companies. Name of the petitioner company was struck off from the Register of the Registrar of Companies, Delhi and Haryana vide notification published in the Gazette of India dated 26th April, 2008.

(2.) As per the reply filed by the Registrar of Companies, the petitioner company had not filed their annual returns, balance sheet and accounts for the financial year 2002-03 onwards and, therefore, proceedings under Section 560 of the Act were initiated. In the reply it is also stated that notices were issued to the petitioner company from time to time and when there was no response, an order under Section 560(5) of the Act was passed and published in the Gazette of India on 26th April, 2008.

(3.) The stand of the petitioner is that no show cause notice was served before initiating proceedings under Section 560 of the Act. The respondent has not filed on record any document to prove and show that any notice was issued and served on the petitioner. The petitioner, however, has not disputed and denied the fact that after the financial year 2002-03, annual returns, balance sheets and accounts were not filed with the Registrar of Companies.