UNITED HEALTH CARE LIMITED Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) This company petition is filed under Section 560 (6) of the Companies Act, 1956 (for short, "1956 Act") for restoration of the name of company with the Registrar of the Companies.

(2.) The petitioner- company was registered and incorporated under the provisions of 1956 Act. The registered office of the company is situated at United House, 4-Press Complex, Zone-1, M.P.Nagar, Bhopal (MP). The authorized capital of the company is Rs. 10,00,00,000 /- divided into 1,00,00,000 equity shares of Rs.10/- each. The paid up capital is Rs. 6,70,00,000/- divided into 67,00,000 equity shares of Rs.10/- each. The company was carrying on the business of hotels, motels, restaurants, cafe, tavern, beer houses and other works mentioned in para 2(i),(ii) and (iii) of the petition.

(3.) It is stated that the company is ready to file pending statutory returns with delay filing fees as per the Act. It is further stated that company is in good financial condition and has sufficient working capital and it cannot be treated as defunct in terms of the Companies Act. It is further stated that no notice under sub-section (2) & (3) of Section 560 was served on the petitioner before treating the petitioner as a defunct company. The company is in operation and regularly conducting the Board. Section 560 (6) of the Companies Act reads as under:-