RAMABEN GROVER Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) The petitioner has filed the present petition u/s. 560(6) of the Companies Act, 1956 praying for the restoration of the name of the Company viz. J.S.M. Hotels Pvt. Ltd., in the Register of the Companies maintained in the office of the Registrar of Companies.

(2.) Notice was issued by this Court to the Registrar of Companies vide order dated 01.12.2015, making it returnable on 09.12.2015. Mr. Kshitij Amin, learned Central Government Standing Counsel has waived service of notice for the respondent.

(3.) Mr. Navin Pahwa, learned advocate appearing for the petitioner, submits that the petitioner was the Director of the Company and was also the Original Subscriber to its Memorandum of Association. The Company came to be incorporated on 29.12.1987 and was registered with the Office of the Registrar of Companies, Gujarat, under the provisions of the Act vide Registration No. 10226. The Company was incorporated with the object of carrying on the business of running hotels, motels, restaurants, etc. 4 The learned Counsel further submits that after the incorporation of the petitioner­company, one of the promoter Directors and husband of the petitioner, Mr. Hanskamal Prakash Grover, was murdered in the premises of the Registered Office of the petitioner­ company. The company faced certain difficulties in view of the sudden demise of one of its main promoters/directors. Thereafter, the petitioner and other directors of the petitioner­company made an attempt to file certain forms and returns with regard to certain changes in the composition of the Board of Directors of the Company with the Registrar of Companies. However each time an effort was made to upload the form/return on the MCA portal, the portal would decline to accept the form/return. 5 The learned counsel further submits that after making inquiries from M.D. Baid and Associates, Company Secretaries and later on from Umesh Ved and Associates, Company Secretaries, who were engaged to take search on the MCA Portal, the petitioner learnt that the status of the Company on the MCA Portal showed the status of the Company as "under process of striking off". The petitioner has placed on record the status of the Company obtained from the Master Data as maintained in the MCA Portal as on 22.12.2014. 6 The petitioner thereafter filed Company Petition No.77/2015 before this Court seeking an order for restoration of the name of the Company. As no order of striking off the name of the Company was found / placed on record, this Court by order dated 12.03.2015, dismissed the petition by observing that when the petitioner approaches the concerned authority, the Authority shall give due hearing to the grievances of the petitioner and shall do the needful in accordance with the provisions of law. 7 The learned counsel submits that after disposal of the petition as above mentioned, the petitioner made a representation dated 14.04.2015, to the respondent, calling upon the respondent to provide a copy of the order/notification by which the name of the company is struck off from the Register of the Companies. Two reminders dated 22.06.2015 and 02.09.2015 are also addressed by the petitioner. It is submitted that even at this stage, the status of the Company as obtained from the MCA Portal was showing as "under process of striking off".