STANDARD ALLOYS PVT. LTD. Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) THIS is a petition under Section 560(6) of the Companies Act, 1956 filed by the petitioner company seeking restoration of the company in the Register of Companies with the Registrar of Companies (ROC). Petitioner company was incorporated on 19.5.1986 with the ROC; registered office of the company is situated at B -76, Wazirpur Industrial Area, Delhi. Petitioner company had filed its last annul returns and annual accounts with the ROC for the year ended 31.3.1997 and 31.3.1998 and thereafter the same had not filed by the petitioner company. The ROC had struck off the name of the petitioner company from the Register of Companies vide Gazette of India New Delhi dated June 23 - June 29, 2007. The petitioner company is willing to file its annual accounts for the year ended 31.3.1998 and onwards and annual returns for the year 31.3.1999 and onwards with late filing fee but the name of the petitioner company is struck off by the ROC.

(2.) THE petitioner company had been allotted a Plot No. 1245 by Gujrat Industrial Development Corporation in 1991. The Collector Valsad District had raised objections against the petitioner company and on 05.9.1991 directed it not to raise any construction on the said plot. Presently the petitioner company is in liquidation with the Collector of Valsad District in relation to the aforenoted plot. Regular Civil Appeal No. 20 of 1998 filed by the petitioner company against this order is still pending.

(3.) REPLY filed on behalf of ROC has been perused. It is submitted that the petitioner company has not filed its statutory documents i.e. Annual Returns from 30.9.1999 to 30.9.2011 and Balance Sheet from 31.3.1999 to 31.3.2011 which is in contravention of Section 159/220 of the Act; the defaulter is liable for punishment/penalty. Notice of striking off the name of the petitioner company from the register of the ROC under Section 560(5) of the Act was given and published in the Official Gazette of India on 23.6.2007. The ROC has no objection if the name of the Company is restored in the Register of the Companies, however, the company be directed to file the pending Annul Returns and Balance Sheets since 1999 till date along with the requisite late filing fee as prescribed under the law. No objection from other directors may also be directed to be filed with the ROC.