APRA AUTOMOBILES PRIVATE LIMITED Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) This petition has been filed by Apra Automobiles Private Limited (hereinafter known as 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 31.05.1995 vide Certificate of Incorporation No. 5569250 of 95-96 with the object of carrying on the business, inter alia, of import, export, buy, sell, stock, supply, distribute, wholesale and retail dealers of motor cars, motor buses, omnibuses, motor lorries, station wagons, motor trucks etc. and to manufacture and produce all kinds of spear parts, engines, chassis, bodies, tools and implements and to carry on the business or body builders of motor vehicles and trucks and secondary object of construction, acquisition, selling of all kinds of movable and immovable properties. Presently, the registered office of the petitioner is stated to be situated at 5, Bahadur Shah Zafar Marg, Pratap Bhawan, New Delhi.

(3.) The petitioner submits that pursuant to its incorporation, the Petitioner Company on 04.07.1995 also purchased a parcel of land in Village Silokhera, District Gurgaon, Haryana for the purpose of carrying out commercial activities in pursuit of its objects. Thereafter due to some peculiar circumstances within the family of the Directors of the Petitioner Company, all commercial activities were put on hold. The office of the Petitioner Company, instead of being operative at the registered address, was being operated from 32nd Milestone, NH-8, Gurgaon. All the business activities of the Petitioner Company since then have been conducted from the premises located at Gurgaon and not from the Registered Office.