PALLAVI CONSULTANTS PRIVATE LTD Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) Delay in filing of reply by the Registrar of Company is condoned and the reply is taken on record. The application is disposed of. This petition under Section 560(6) of the Companies Act, 1956 (Act for short) has been filed for restoration of the name of the petitioner-Pallavi Consultants Private Limited in the register maintained by the Registrar of Companies. The name of the aforesaid company was deleted by the Registrar of Companies vide notification published in the Gazette Notification dated 26th April, 2008.

(2.) The Registrar of Companies in their reply has stated that action under Section 560 of the Act was taken as the petitioner company had failed to file annual returns and the balance sheets for the financial years 2000-01 to 2008-09. It is also stated that the petitioner company had failed to respond to the notices, which were issued from 2 time to time under Sections 560(1), (2) and (3) and ultimately under sub Section (5).

(3.) Learned counsel for the petitioner submits that the petitioner is a running company and throughout has been filing its income tax returns. It is stated by the counsel for the petitioner that Mr. Satish Sharma and Mr. Naseem Rehman have transferred their shares and they are no longer shareholders of the petitioner company. The petitioner has also placed on record certificate issued by Verenkar and Associates, Chartered Accountants stating that Mr. Ranjit Malik and Mr. Uday Kumar are the shareholders and directors of the petitioner company. The petitioner along with the petition has enclosed ?no objection certificate? issued by Mr. Ranjit Malik and Mr. Uday Kumar stating that they have no objection and the name of the petitioner company should be restored in the register of companies. Copy of the income tax returns and the audited accounts have also been enclosed with the petition.