SHILPI MODES 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 20.8.1987; registered office of the company is situated at 39, Community Center, East of Kailash, New Delhi. In 1990 the petitioner company entered into a joint venture with M/s Unitech Limited for developing lands and to do further business. In the course of the joint venture M/s Unitech Limited could not maintain the terms and conditions as agreed with the petitioner company and mischievously registered a false and frivolous complaint against the petitioner company for which FIR No. 27/1993 was registered against the petitioner along with its directors. Owing to the criminal proceedings the petitioner company could not get into active business.

(2.) PETITIONER company had filed its last annul return and annual accounts with the ROC till July 2000 and thereafter the same had not been filed by the petitioner company. The petitioner company had not received any notice under section 560(1) and 560(2) of the Companies Act. The ROC had struck off the name of the petitioner company in a routine, mechanical and arbitrary manner without complying with the statutory provisions. The Auditors Report, Balance Sheets, Annul Returns and the Statements of Account filed with the ROC indicates that the petitioner company was in operation and was able to carry on its business and could not be called a defunct company. Hence the present petition. Reply filed on behalf of Registrar of Companies (ROC) has been perused. It is submitted that the petitioner company has not filed its statutory documents i.e. Annual Returns and Balance Sheet since 2001 which is in contravention of Section 159/220 of the Act; the defaulter is liable for punishment/penalty. Registered office of the petitioner company was at 166, Khirki Village Malviya Nagar, New but the petition states that the registered office of the petitioner company is at 39, Community Centre, East of Kailash, New Delhi. The petitioner company has not filed form F -18 regarding the change of registered office. 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 23.6.2008. The ROC, however, has no objection if the name of the Company is restored in the Register of Companies on the undertaking that the company will file its pending Annul Returns, Balance Sheets since 2001 till date and Form 18 for change in Registered Office of the Company along with the requisite late filing fee as prescribed under the law. Keeping in view the aforenoted facts and circumstances as also the reply filed by the ROC, the petitioner company is permitted to file its statutory documents i.e. the Annul Returns, Balance Sheets from 2001 till date and Form 18 for change in Registered Office of the Company on payment of the requisite late filing fee. Upon the filing of the aforesaid documents within two weeks, the ROC is directed to restore the name of the petitioner company in the Register of Companies.