PANCHAM HOTELS PRIVATE LIMITED Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) This petition has been filed by Pancham Hotels Pvt. Ltd. (hereinafter called "the petitioner") under Section 560(6) of the Companies Act, 1956 praying for restoration of its name in the register of companies maintained by the Registrar of Companies.

(2.) The petitioner was incorporated with the Registrar of Companies, NCT of Delhi & Haryana (hereinafter called "the respondent") as a company limited by shares on 18.06.1992 vide Certificate of Incorporation No. 55-49222 of 1992-93with the object of carrying on the business, inter alia, of hotels, resorts and restaurants. Presently, the registered office of the petitioner is stated to be situated at B-164, Vikas Nagar, Ranhaulla Road, behind S.M. Tent House, Near Hastsal Village, Uttam Nagar, New Delhi 110059.

(3.) The respondent initiated the proceedings under S.560 of the Companies Act, 1956 to strike the name of the petitioner off the register due to defaults in statutory compliances, namely, non-filing of Annual Returns from 1998 to 2014, and Balance Sheets from 1998 to 2014. It has been submitted on behalf of the respondent that procedure under S.560 was duly followed, with notices/letters as required under S.560(1) and S.560(3) sent at the registered office address of the petitioner. It is further submitted that notice dated 31.05.2007 under Section 560(5) for striking off the name of the petitioner from the register maintained by the respondent was given and the same was published in the Official Gazette on 23.06.2007 mentioning the petitioner-company's name at Serial no. 7439.