SHIV RAM SHARMA Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) THIS is a petition under Section 560(6) of the Companies Act, 1956 filed by the petitioner Shiv Ram Sharma, one of the promoter director of M/s Shiv Ram Builder Pvt. Ltd. (hereinafter referred to as the company) seeking restoration of the company which has been struck off by the Registrar of Companies (ROC).

(2.) THE company was incorporated on 02.3.1990; registered office of the company is situated at 13, Amar Colony, New Delhi. In the year 2006 management of the company appointed a new Chartered Accountant to look after the company's affair i.e. compliance of income tax, compliances of ROC and other relevant work; the Chartered Accountant has not fulfilled compliance of the ROC such as filing of annual report, balance sheet and other relative statutory documents which were required by the ROC to show that the company is in operation. The company has not filed any statutory documents since 1998. In the month of March, 2012 the petitioner has came to know that the name of the company has been struck off from the register of the ROC.

(3.) REPLY has been filed on behalf of Registrar of Companies (ROC). It is submitted that the petitioner company has not filed its statutory documents i.e. Annual Returns and Balance Sheet since 1998 which is in contravention of the Companies 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 31.5.2007. 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 and Balance Sheets since 1998 till date along with the requisite late filing fee as prescribed under the law.