SOIMEX INTERNATIONAL PVT LTD. Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) BY way of this petition petitioner company seeks restoration of its name in the Register of Companies under Section 560(6) of the Companies Act, 1956 (hereinafter referred to as the Act). The petitioner company was incorporated with the Registrar of Companies, at New Delhi on 22.9.1993 as a company limited by shares. At the time of incorporation of the company its registered office was at D -1089, New Friends Colony, New Delhi; thereafter the petitioner company had changed its registered office to Y -19, Okhla Industrial Area, Phase -II, New Delhi; the petitioner had filed Form 18 read with Section 146 of the Act with the Registrar of Companies intimating him about the change of the address of the registered office of the company vide receipt No. 17005 dated 01.02.1995. The petitioner company had been filing its returns since the year 1999 -2000 but due to heavy losses and lack of skilled managerial staff it could not comply with all the statutory requirements under law and could not file its return with the Registrar of Companies from the year 2001. Petitioner company never received any statutory notice under Section 560(1) (2) and (3) of the Act. The respondent had misconstrued the provisions of Section 560 of the Companies Act and struck off the name of the company from the register of the Registrar of Companies. The above said notices were sent at the previous address i.e. D -1089, New Friends Colony, New Delhi at the time when it was not functioning from the said address and hence the petitioner could not reply to the same. Hence the present petition.

(2.) 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 from 2001 till date which is in contravention of Section 159/ 220 of the Companies Act; the defaulter shall be liable for punishment/penalty. ROC has no objection if the name of the Company is restored in the Register of the Companies, however, company be directed to file the pending Annul Returns and Balance Sheets since 2001 till date and F -18 for change of its registered office along with the requisite late filing fee as prescribed under the law. Keeping in view the facts and circumstances narrated by the petitioner company herein -above as also the reply filed by the ROC the petitioner company is permitted to file its statutory documents i.e. the Annual Returns and Balance Sheet since 2001 till date on payment of the requisite late filing fee. Upon the filing of the aforesaid documents, the ROC is directed to restore the name of the petitioner in the Register of the Companies. This order is passed subject to payment of cost of Rs. 50,000/ - to be deposited with the Central Government. Petition disposed of in the above terms.