ASCOT SHOES PRIVATE LIMITED Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) This petition has been filed by Ascot Shoes Private Limited (hereinafter known as the "petitioner") under Sec. 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 and Haryana (hereinafter called the "respondent") as a company limited by shares on 23.04.1986 vide Certificate of Incorporation No. 23985 of 86-87 with the object of carrying on the business, inter alia, of manufacture, import, export, purchase, sell, process, design and otherwise deal in sports and other shoes, toys, casual apparels and manufacture, import, export, processing and developing of polyprothelene, P.V.C. plastics, adhesive, synthetic resins and compounds, rubbers, rexines, intermediates and compositions and bye-products thereof. Presently, the registered office of the petitioner is stated to be situated at 823, Vikasdeep Building, Laxmi Nagar, District Centre, Delhi-110092.

(3.) The respondent initiated the proceedings under Sec. 560 of the Companies Act, 1956 to strike the name of the petitioner off the register due to defaults in statutory compliance's, namely, non-filing of Annual Returns and Balance Sheets after 2002. It has been submitted on behalf of the respondent that procedure under Sec. 560 was duly followed, with notices/letter as required under Sec. 560(1) and Sec. 560(3) sent at the address available with the registrar as the registered office address of the petitioner. It is further submitted that notice under Sec. 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 26.04.2008 mentioning the petitioner-company 's name at Serial no. 1291.